My question involves a traffic infraction, issued in the State of Washington, in Whitman County.
I was pulled over and given a citation by the officer on SR26 for violation of RCW statute code 46.61.400, stating that I was traveling 5mph above the speed limit (70 in a 65). The officer originally stated that he measured my speed as being in excess of 80 mph, and throughout the traffic stop continued to ask whether I had seen such a speed on my speedometer - presumably to secure an admission of guilt, which I did not offer. I spoke as ambiguously as possible so as to not incriminate myself, to the extent that I simply said "I did not see my speedometer showing a speed of 80+", which I truly did not.
The officer wrote me for, again, only 5mph over - a fine of $105.00. The citation itself has a recorded speed of above 80mph written, and indicates an SMD was used. I mailed the citation with my intent to contest the infraction, and received a letter on the 14th of September from the Whitman County District Court indicating they had received my request for a contested hearing and an included hearing date.
However, just below that (my name and correct mailing address are at the top of the page) there is a separate section for a Counter Mitigation Request, wherein it states the name of the defendant (which does NOT match my name, nor the officer) and the corresponding infraction number to MY ticket. Confusing...
Anyways, I'm a college student at Washington State University, some 15 miles away from the District Court I am to appear at. I do not own a car, and the court date happens to fall between two of my attendance-based classes. Alternatively, there is a satellite district court that holds the same type of hearings in my town itself - I intend to request a continuation (?) to push my hearing date to a date ~3 weeks from now (from having to appear Wednesday the 30th) during an exam week when I will not have a conflicting lab session at the time of hearing and would be able to attend without detriment. The aforementioned satellite District Court is staffed by the same judge - I wonder if it would be possible to request a hearing take place at the satellite location instead.
In requesting continuation, how should I go about this? I understand that I'll need to contact the prosecutor; is this correct? It's also my understanding that this is subject to approval - and the language in the letter I received seems to indicate that I do not get a pre-hearing conference at all, as there is no mention of it, only that my contested hearing is to occur on the date written.
Unfortunately, I am past the 14-day period wherein I can request discovery materials - I wish I'd have looked into this matter earlier and have been able to submit a request per Barry's guidelines. However, if I am able to successfully be granted continuation of a period of more than 14 days past the date it is granted, would I then be eligible to submit a written request for discovery?
In deliberating my case, I'm considering requesting footage of both the dash camera and the officer's body camera (he verbally stated he was wearing one and recording). In doing so, I feel that I can adequately demonstrate that there was no admission of guilt should the officer's written statement indicate I provided one. Additionally, the dash camera footage would show that I was within 50 feet (perhaps less) of the two cars in front of me, which as I understand may disrupt or render the SMD readings unreliable, which I am guessing were radar (the officer was traveling in the opposite direction to me on a two-lane highway and turned around to pull me over, i.e. non-stationary).
Would requesting this media be beneficial in countering the officer's written statement (which I have not read, as it would be obtained through discovery), should it include allegations of A) an admission of guilt or B) a clear path/reading ensuring no outside interference possibilities?
Is it instead worth it to request a standard discovery omitting this media, then requesting the materials through a second discovery with continuation, should the officer's statement prove incongruent to what I believe the video(s) would depict? It's my understanding that if I request them altogether at once, they will be submitted as evidence regardless; this may not be necessary if the officer's statement is truthful.
I am also reluctant to request the body camera video, as during this stop I only had a recently expired insurance card on me -- however the officer did not cite me for this, as I had proof of insurance on my iPhone in my e-mail but no service in the area to access it at the time. Could this be applied as a charge if the judge were to decide to not be as lenient as the officer?
Thoughts? How might I best go about requesting continuation tomorrow (Monday) on such short notice of my hearing date (Wednesday)? Is this possible, and would I be eligible to request a discovery if the granted continuation exceeds the minimum deadline to request discovery in the first place, effectively restoring this avenue of my defense strategy having knowledge of the officer's statements?
I am also eligible for a deferral - this confuses me as well, as it seems I cannot retroactively request a referral should I be ruled against by the judge, but instead that I must request it pre-emptively - how does this work in the context of a contested hearing if I were to win?
Any advice would be greatly appreciated.
I was pulled over and given a citation by the officer on SR26 for violation of RCW statute code 46.61.400, stating that I was traveling 5mph above the speed limit (70 in a 65). The officer originally stated that he measured my speed as being in excess of 80 mph, and throughout the traffic stop continued to ask whether I had seen such a speed on my speedometer - presumably to secure an admission of guilt, which I did not offer. I spoke as ambiguously as possible so as to not incriminate myself, to the extent that I simply said "I did not see my speedometer showing a speed of 80+", which I truly did not.
The officer wrote me for, again, only 5mph over - a fine of $105.00. The citation itself has a recorded speed of above 80mph written, and indicates an SMD was used. I mailed the citation with my intent to contest the infraction, and received a letter on the 14th of September from the Whitman County District Court indicating they had received my request for a contested hearing and an included hearing date.
However, just below that (my name and correct mailing address are at the top of the page) there is a separate section for a Counter Mitigation Request, wherein it states the name of the defendant (which does NOT match my name, nor the officer) and the corresponding infraction number to MY ticket. Confusing...
Anyways, I'm a college student at Washington State University, some 15 miles away from the District Court I am to appear at. I do not own a car, and the court date happens to fall between two of my attendance-based classes. Alternatively, there is a satellite district court that holds the same type of hearings in my town itself - I intend to request a continuation (?) to push my hearing date to a date ~3 weeks from now (from having to appear Wednesday the 30th) during an exam week when I will not have a conflicting lab session at the time of hearing and would be able to attend without detriment. The aforementioned satellite District Court is staffed by the same judge - I wonder if it would be possible to request a hearing take place at the satellite location instead.
In requesting continuation, how should I go about this? I understand that I'll need to contact the prosecutor; is this correct? It's also my understanding that this is subject to approval - and the language in the letter I received seems to indicate that I do not get a pre-hearing conference at all, as there is no mention of it, only that my contested hearing is to occur on the date written.
Unfortunately, I am past the 14-day period wherein I can request discovery materials - I wish I'd have looked into this matter earlier and have been able to submit a request per Barry's guidelines. However, if I am able to successfully be granted continuation of a period of more than 14 days past the date it is granted, would I then be eligible to submit a written request for discovery?
In deliberating my case, I'm considering requesting footage of both the dash camera and the officer's body camera (he verbally stated he was wearing one and recording). In doing so, I feel that I can adequately demonstrate that there was no admission of guilt should the officer's written statement indicate I provided one. Additionally, the dash camera footage would show that I was within 50 feet (perhaps less) of the two cars in front of me, which as I understand may disrupt or render the SMD readings unreliable, which I am guessing were radar (the officer was traveling in the opposite direction to me on a two-lane highway and turned around to pull me over, i.e. non-stationary).
Would requesting this media be beneficial in countering the officer's written statement (which I have not read, as it would be obtained through discovery), should it include allegations of A) an admission of guilt or B) a clear path/reading ensuring no outside interference possibilities?
Is it instead worth it to request a standard discovery omitting this media, then requesting the materials through a second discovery with continuation, should the officer's statement prove incongruent to what I believe the video(s) would depict? It's my understanding that if I request them altogether at once, they will be submitted as evidence regardless; this may not be necessary if the officer's statement is truthful.
I am also reluctant to request the body camera video, as during this stop I only had a recently expired insurance card on me -- however the officer did not cite me for this, as I had proof of insurance on my iPhone in my e-mail but no service in the area to access it at the time. Could this be applied as a charge if the judge were to decide to not be as lenient as the officer?
Thoughts? How might I best go about requesting continuation tomorrow (Monday) on such short notice of my hearing date (Wednesday)? Is this possible, and would I be eligible to request a discovery if the granted continuation exceeds the minimum deadline to request discovery in the first place, effectively restoring this avenue of my defense strategy having knowledge of the officer's statements?
I am also eligible for a deferral - this confuses me as well, as it seems I cannot retroactively request a referral should I be ruled against by the judge, but instead that I must request it pre-emptively - how does this work in the context of a contested hearing if I were to win?
Any advice would be greatly appreciated.
Hearings and Trials: Contested Hearing Date - Defendant's Name Does Not Match (+ Discovery, Continuation)
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