My question involves a traffic ticket from the state of: WA.
Hello all,
Last month I got a speeding ticket for 10 MPH over. I did some research and chose a Contested Hearing. My questions are:
1. When I serve a request for discovery, do I have to serve it 14 business or calendar days in advance?
2. Does the request for discovery have to be postmarked or received 14 days before the hearing?
3. This is my first ticket (outside of one parking ticket issued by a private parking company). However, I've been pulled over once before (for speeding) and given a warning. Will this warning be visible to the court or prosecutor?
4. The officer (WA highway patrol) cited that I violated RCW 46.61.400. However, he did not state which subsection I violated. Is it valid to make a motion for dismissal because the citation lacks foundation? Is the WHP exempt from citing the specific subsection?
5. Is it valid to motion for dismissal because, in State vs. Young, the WA Supreme Court ruled that use of an infrared thermal detection device constitutes a search, making the officer's use of an SMD (I believe LIDAR, because he was stationary) illegal, because he had no warrant, and that using natural eyesight to judge speed does not constitute probable cause?
6. During the traffic stop, the officer verbally told me the SMD read 14 MPH over. The citation reads 10 MPH over. Is this inconsistency useful?
7. If the officer's sworn statement/affidavit is clearly a template, is it valid to argue the affidavit was, beyond a reasonable doubt, not written by the officer and should be suppressed?
Also, some general questions about court proceedings:
I've heard stories in which the prosecution isn't present during the hearing. My case is being heard in a District Court. How likely will this happen?
Should I lose, what legal fees will I have to pay, aside from the penalty of the citation itself? What are other repercussions of losing, aside from those associated with paying the ticket?
Thank you for reading this. Feel free to answer all or some of my questions.
Hello all,
Last month I got a speeding ticket for 10 MPH over. I did some research and chose a Contested Hearing. My questions are:
1. When I serve a request for discovery, do I have to serve it 14 business or calendar days in advance?
2. Does the request for discovery have to be postmarked or received 14 days before the hearing?
3. This is my first ticket (outside of one parking ticket issued by a private parking company). However, I've been pulled over once before (for speeding) and given a warning. Will this warning be visible to the court or prosecutor?
4. The officer (WA highway patrol) cited that I violated RCW 46.61.400. However, he did not state which subsection I violated. Is it valid to make a motion for dismissal because the citation lacks foundation? Is the WHP exempt from citing the specific subsection?
5. Is it valid to motion for dismissal because, in State vs. Young, the WA Supreme Court ruled that use of an infrared thermal detection device constitutes a search, making the officer's use of an SMD (I believe LIDAR, because he was stationary) illegal, because he had no warrant, and that using natural eyesight to judge speed does not constitute probable cause?
6. During the traffic stop, the officer verbally told me the SMD read 14 MPH over. The citation reads 10 MPH over. Is this inconsistency useful?
7. If the officer's sworn statement/affidavit is clearly a template, is it valid to argue the affidavit was, beyond a reasonable doubt, not written by the officer and should be suppressed?
Also, some general questions about court proceedings:
I've heard stories in which the prosecution isn't present during the hearing. My case is being heard in a District Court. How likely will this happen?
Should I lose, what legal fees will I have to pay, aside from the penalty of the citation itself? What are other repercussions of losing, aside from those associated with paying the ticket?
Thank you for reading this. Feel free to answer all or some of my questions.
Discovery: How to Conduct Discovery in Traffic Court
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