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  1. #1

    Default Wrong Infraction Date Officer's Statement in Discovery

    My question involves a speeding ticket from the State of:WA. This is my first post in my life.Please forgive my formal/grammer mistakes. On Date 01/12/2010 I was stopped by an officer speeding 46 in 25 zone in sea tac wa. After viewing my docs in his car he come back & let me go without issuing any citation or warning. He didn't say any word/hint that he intend to send me a citation by mail

    ON Date 01/26/2010 I recieved a mail with citation code 46.61.400 speeding 46 in 25 zone.

    when I Requested Discovery ,I found officer cited me on date 01/10/2010 in his statement instead of 01/12/2010

    Q 1 In the court can I motion for dismissal on the grounds of material defect(dont know the statue ,rule, code or terms of law).OR cnfusing dates of nfraction.

    Q 2 On Date 01/12/2010 At the location where I was stopped officer didn't issued me a citaion when I had two passengers/witnesses in my car/taxi-cab to get their names & phone numbers for my deffence/witness.After two weeks they are gone. It is unfair that diffedent had not given an opportunity to collect all the proof of evidences/witnesses at the time of infraction by depriving him collecting evidences witnesses at loction while plantiff hiding charges from diffendent,when RCW 46.64.015 clearly says
    { An officer may not serve or issue any traffic citation or notice for any offence or violation EXCEPT either whom the offence or violation is committed in his or her presence}.
    My Q 3 If officer did not issue me a citation on the locaton of offence/violation becouse he was not present there then how could be he stand/used as awitness?

  2. #2
    Join Date
    Feb 2010
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    1,383

    Default Re: Wrong Infraction Date Officer's Statement in Discovery

    Okay.

    A 1 Unless you can prove in court that the date of the stop was in fact 01/12/2010, then the court will find you guilty. Basically, there is no proof that this violation DID NOT happen on 01/10/2010. If that is your defense, then you're gonna have to prove that it was the wrong date.

    A 2 RCW 46.64.015 says, "...An officer may not serve or issue any traffic citation or notice for any offense or violation except either when the offense or violation is committed in his or her presence or when a person may be arrested pursuant to RCW 10.31.100, as now or hereafter amended." [2006 c 270 § 3] With that said, it doesn't say anything about an officer not being able to send you a ticket in the mail. A client of mine once had a ticket sent to him just before the anniversary of the arrest (or officer pulling him over).

    A 3 The officer has in his notes, which I am willing to guarantee that he still has them, your car, license, and pretty much everything that he needed to fill out the ticket. He has grounds as a witness because he WITNESSED you breaking the law. It doesn't matter if he wrote the ticket days later. I hope that makes sense.

    Now, with all of that said, you should check the date of filing for the ticket, which should be on the returned ticket that you received from your discovery. If the ticket wasn't filed within 5 business days, you have immediate grounds for dismissal. If it was filed within 5 business days, check and see if the handwriting on the ticket is legible. If it is not, then you have grounds for dismissal.

    Let me know if these solutions do not work for you. I have other ideas that may help a little.

    I hope that helps. If you have further questions, let me know.

    Brendan

  3. #3
    Join Date
    Sep 2009
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    107

    Default Re: Wrong Infraction Date Officer's Statement in Discovery

    Just to be clear the ticket that was mailed to you and the officers affidavit you got in discovery are dated on the 1/10/10? If so, I suppose you could somehow check to see if the officer was in fact actually working on the date in question at the time...

  4. #4

    Default Re: Wrong Infraction Date Officer's Statement in Discovery

    A 1 Unless you can prove in court that the date of the stop was in fact 01/12/2010, then the court will find you guilty. Basically, there is no proof that this violation DID NOT happen on 01/10/2010. If that is your defense, then you're gonna have to prove that it was the wrong date.
    FIRST Thanks for quick responce. In the Discovery I got a copy of Officer's certified statement that violation Date was 01/10/10, but in the copy of original infraction/citaion violation Date was 01/12/10 both copies were not signed by officer (ammended law;signature are not required any more)Instead only name & badge# are on the both copies.Also ticket was filed in timely (whith in 5 days) speed was measured by RADAR given certified copy of SMD tech including device name # & both tuning forks # stating cllibrated before & after stop.This was checked more than 6 months ago but less than year.

    SECOND OFFICER stoped me for speeding but didn't issued me any citation,warning or even verbal notice or hint that he is going to mail me a ticket so I can collect names & phone # of 2 witnesses/passengers in my taxi cab & he let me go without saying anything Now i am feeling that I was deprived from my right to deffend my case by not serving/issuing ticket on the spot so I can collect all the evidence/witnesses name # phone date,time etc. After 2 weeks it not possible for me to find that witnesses/passengers/vsiters.

  5. #5
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    Default Re: Wrong Infraction Date Officer's Statement in Discovery

    In response to your first paragraph:
    I am confused. Did you say that in the officer's affidavit he stated that the incident happened on 01/12/2010 and then on the ticket he stated 01/10/2010? Because if this is so, you have a good chance at winning the case because the officer loses credibility due to his own confusion of the case.

    In response to you second paragraph:
    I don't know the exact law but an officer CAN serve the ticket on the violator by mailing it. If I am wrong here, someone correct me: If an officer wishes, he doesn't even need to pull you over, he can simply send the ticket without arresting the violator. (An arrest in this case pertains to the detainment of a violator by pulling them over)

    With that:
    Is this a handwritten ticket, or was it computer-generated?
    Did the officer include any information about the testing facility that calibrated the tuning forks?

    Let me know the answers to those.

    Brendan

  6. #6

    Default Re: Wrong Infraction Date Officer's Statement in Discovery

    46.64.015
    Quote Quoting BrendanjKeegan
    View Post
    In response to your first paragraph:
    I am confused. Did you say that in the officer's affidavit he stated that the incident happened on 01/12/2010 and then on the ticket he stated 01/10/2010? Because if this is so, you have a good chance at winning the case because the officer loses credibility due to his own confusion of the case.

    In response to you second paragraph:
    I don't know the exact law but an officer CAN serve the ticket on the violator by mailing it. If I am wrong here, someone correct me: If an officer wishes, he doesn't even need to pull you over, he can simply send the ticket without arresting the violator. (An arrest in this case pertains to the detainment of a violator by pulling them over)

    With that:
    Is this a handwritten ticket, or was it computer-generated?
    Did the officer include any information about the testing facility that calibrated the tuning forks?

    Let me know the answers to those.

    Brendan
    Hi, Mr. Brendan
    I am sorry and appologise for confusion. I was not able to explain exactly/correctly becouse English is my second language ,but I'l try my best.

    The First (computer generated) ticket I got in the mail with citation on date 01/12/2010.which was correct,I was stopped by the officer that date. but when I requested a discovery next week I recieved few paperes that includes 1 copy of (computer generated) ticket showing date of citation 01/12/2010
    2 copy of officers's sworn/certified statement saying date of citation 01/10/2010 which is NOT correct
    3 A certified copy of tech/Facility certifying that Radar & tuning forks were tested at their facility on date (more than 6 months ago).

    second paragraph; I agree with you that officer have power/right to send you a ticket without stopping you, but I don't understand the logic that an officer ditermines/finds that you have violated the law, and he stops/arrest you on the spot but do not serve you a citation or tell you that he is intended to send you a citation by mail in the future so you can well start your deffence rightaway.That's why I Reffered the RCW 46.64.015 An officer may not serve of issue any traffic citation or notice for any offence or violation EXCEPT EITHER WHEN THE OFFENCE OR VIOLATION IS COMMITTED IN HIS OR HER PRESENCE.
    What I understand that if an officer witnesses a offence in his presence he must serve a traffic citation to the offender otherwise he need not to serve instead he can mail it. If missunderstood the law I NEED EXPLAINATION IN SIMPLE WAY.THANK YOU for your HELP in Advance.

  7. #7

    Default Re: Wrong Infraction Date Officer's Statement in Discovery

    second paragraph; I agree with you that officer have power/right to send you a ticket without stopping you, but I don't understand the logic that an officer ditermines/finds that you have violated the law, and he stops/arrest you on the spot but do not serve you a citation or tell you that he is intended to send you a citation by mail in the future , so that way you can't well start your deffence rightaway on the spot by collecting names phone # etc.That's why I Reffered part of the RCW 46.64.015 ; An officer may not serve or issue any traffic citation or notice for any offence or violation EXCEPT either when the offence or violation is committed in his or her presence
    What I understand that if an officer witnesses a offence in his presence he must serve a traffic citation to the offender otherwise he need not to serve instead he can mail it. If I misunderstood the law I need explaination in simple way THANK YOU in Advance for vance your HELP.

    FIRST Thanks for quick responce. In the Discovery I got a copy of Officer's certified statement that violation Date was 01/10/10, but in the copy of original infraction/citaion violation Date was 01/12/10 both copies were not signed by officer (ammended law;signature are not required any more)Instead only name & badge# are on the both copies.Also ticket was filed in timely (whith in 5 days) speed was measured by RADAR given certified copy of SMD tech including device name # & both tuning forks # stating cllibrated before & after stop.This was checked more than 6 months ago but less than year

  8. #8
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    Default Re: Wrong Infraction Date Officer's Statement in Discovery

    I see now. You're just confused on your definition of service. In serving a violator most state will allow the officer to serve the violator by the means of mail. Therefore, his actions can be justified.

    Clearly, the officer used a template and forgot to change the date of the offense on the affidavit. For this you could use a motion I just posted on another thread. Basically, your motion for dismissal would now say: "Your honor, defendant motions for dismissal on the grounds that the officer signed his affidavit 2 days before the violation took place. Clearly the officer did not know that I, the defendant, was going to commit this violation ahead of time, so how could he have signed the affidavit on January 10, 2009 when he says on the ticket that the violation was committed on January 12, 2010?"

    In addition to this, JJB makes an interesting point to check and see if the Officer who signed your ticket was indeed working on January 10, 2009 at the time he stated in his affidavit. This could beef up your motion and make it even stronger to prove that he wasn't even working that day. In the State of Washington, officers can not write a ticket or serve it unless they are on duty.

    "If the paperwork doesn't fit, you must acquit." Is the saying that applies here. If the affidavit was signed on January 10, 2009 and the ticket was signed on January 12, 2010 then the prosecution, which had officially rested its case on the date of the signed affidavit, has no case and you must be absolved.

    On a separate note: The officer has done a reasonably well job at gathering a foundation of evidence for your case (aside from the above discrepancy), but now you can really hit him with something hard. This one is called the rule of Best Evidence. You stated that you received a certified copy of tech/Facility certifying that Radar & tuning forks were tested at their facility on date (more than 6 months ago). Is this a photocopy?

    And Lastly: Because the ticket was computer generated, all the officer has to do is click a button and it automatically signs the ticket and affidavit for him. This is signature enough for both documents to be official.

    If you have further questions, let me know.

    Brendan

  9. #9
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    Default Re: Wrong Infraction Date Officer's Statement in Discovery

    RCW 46.64.015 seems to be in conflict with RCW 46.63.030, which states, in pertinent part:

    Quote Quoting RCW 46.63.030
    (1) A law enforcement officer has the authority to issue a notice of traffic infraction:

    (a) When the infraction is committed in the officer's presence;

    (b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed;

    (c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction;

    (d) When the infraction is detected through the use of a photo enforcement system under RCW 46.63.160; or

    (e) When the infraction is detected through the use of an automated traffic safety camera under RCW 46.63.170.

    (2) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.

    Furthermore, IRLJ 2.2 goes on to say:

    Quote Quoting IRLJ2.2
    (a) Generally. An infraction case is initiated by the issuance, service, and filing of a notice of infraction in accordance with this rule. An infraction is issued on the date the infraction is signed by the citing officer or prosecuting authority.

    (b) Who May Issue. A notice of infraction may be issued, upon certification that the issuer has probable cause to believe, and does believe, that a person has committed an infraction contrary to law:

    (1) By a citing officer. The infraction need not have been committed in the officers presence, except as provided by statute;

    (2) By the prosecuting authority.

    (c) Service of Notice. A notice of infraction may be served either by:

    (1) The citing officer serving the notice of infraction on the person named in the notice of infraction at the time of issuance;

    (2) The citing officer affixing to a vehicle in a conspicuous place the notice of a traffic infraction if it alleges the violation of a parking, standing, or stopping statute; or

    (3) The citing officer or the prosecuting authority filing the notice of infraction with the court, in which case the court shall have the notice served either personally or by mail, postage prepaid, on the person named in the notice of infraction at his or her address. If a notice of infraction served by mail is returned to the court as undeliverable, the court shall issue a summons.

    So, the infraction does NOT need to have been committed in the officer's presence, as required by 46.64.015, and, as long as the Notice was mailed by the COURT, mailing is OK.

    Barry

  10. #10

    Default Re: Wrong Infraction Date Officer's Statement in Discovery

    THANK YOU ALL, Mr.Brendenjkeegan, Mr, JJB, and Mr. Blewis for big Help to providing me a deffensive tool (like a light in dark tunnel). I still have time (more than month) for my hearing date, my worry/concern is if I recieve a Ammended/correction letter from court/prosecuter than what I suppose to do?

    I also thankfull to this website which has inspired me to gain awareness in legal system and my legal rights. I also thanks to the officer who gave me the opportunity to learn more about law.He was out there to do his job not intended to cite me but human error ocurred same like I was out there to make my living not to break the law. we cab driver have so much complications,chellenges and distractions while doing our job, it is possible a human error can ocurr. We expect some sympathy from law enforcements not hard punishments ,by saying this I am not pleading guilty I still wanna contest hearing.

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