My question involves a traffic ticket from the state of Washington. Below is a quote from colemac65 from this thread HERE! I was wondering if colemac65 or anyone that knows, could elaborate on the subject of "state had failed to present a Prima Facia Corpis issue" as stated in the quote? I am looking for more details on how to present this at my hearing as I have never heard of this defense before for a speeding ticket. Please help.
Thank you,
bkhitter
I just wanted to post back on the outcome of my case.
I made several preliminary motions prior at my hearing.
They were as follows.
The 1st was a motion to dismiss because the state had failed to identify which subsection of 46.61.400 was allegedly violated. The pro-tem judge denied.
The 2nd was a motion to surpress because the officers affirmation statement was not completed.... (it did not have location)
The judge denied yet again. after these two, i was feeling like freezing up and and just taking the ticket and paying it.
However my last motion. I argued that the state had failed to present a Prima Facia Corpis issue, they had not identified who the defendant was. I argued and ill keep it short, that throughout the officers seperate affadavit, he mentioned " i observed the defendant approaching my location" then he said i observed a speed reading of 77/60 on the defendant. I motioned to the court that the state had failed to identify who the defendant was because no where on the affadavit was my name described any where, and on the notice of infraction, it called me a violator, not the defendant. the judge agreed that the state had not presented a prima facia case, and whammo dismissed.
This was a case where the technicalities had they been presented by an attorney would have worked. But since i am not and was handling my case pro se, she did not allow for dismissal on the 1st two motions. ( or so i felt) However the end all, was my last motion, and it worked. This is a great argument that if used and presented properly will work every time. It has worked if all else fails. at least from what i have seen. It takes about 2.5 minutes to present the full argument but at least it worked. I think this worked out for me because i truly feel that the judge realized i was not a complete idiot. By presenting two other motions, even though she denied, i feel she allowed this, because it was clear that i did my homework and was somewhat in tune with the law.
Thank you,
bkhitter
Quote:
I just wanted to post back on the outcome of my case.
I made several preliminary motions prior at my hearing.
They were as follows.
The 1st was a motion to dismiss because the state had failed to identify which subsection of 46.61.400 was allegedly violated. The pro-tem judge denied.
The 2nd was a motion to surpress because the officers affirmation statement was not completed.... (it did not have location)
The judge denied yet again. after these two, i was feeling like freezing up and and just taking the ticket and paying it.
However my last motion. I argued that the state had failed to present a Prima Facia Corpis issue, they had not identified who the defendant was. I argued and ill keep it short, that throughout the officers seperate affadavit, he mentioned " i observed the defendant approaching my location" then he said i observed a speed reading of 77/60 on the defendant. I motioned to the court that the state had failed to identify who the defendant was because no where on the affadavit was my name described any where, and on the notice of infraction, it called me a violator, not the defendant. the judge agreed that the state had not presented a prima facia case, and whammo dismissed.
This was a case where the technicalities had they been presented by an attorney would have worked. But since i am not and was handling my case pro se, she did not allow for dismissal on the 1st two motions. ( or so i felt) However the end all, was my last motion, and it worked. This is a great argument that if used and presented properly will work every time. It has worked if all else fails. at least from what i have seen. It takes about 2.5 minutes to present the full argument but at least it worked. I think this worked out for me because i truly feel that the judge realized i was not a complete idiot. By presenting two other motions, even though she denied, i feel she allowed this, because it was clear that i did my homework and was somewhat in tune with the law.
Washington State Speeding Ticket
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