Contested Hearing

[principessa]

What is the name of your state? WA

I got a speeding ticket for doing 40mph in a 25mph speed zone, measured by SMD.

I've asked for a contested hearing, and sent in my request for
A) Full Discovery including: front and back of the ticket, the full witness list, All sworn affidavits, all other evidence to be used by the prosecution.
B) Additionally, I requested: officer's logbook/records, a training manual for the SMD, the dates and the locations of the officer's SMD training, Maintenance-inspection-repair records for the SMD unit in question.

In response to my request I received copies of "stationary radar affidavit", the ticket, "radar certification form". Basically all I have asked in point B was ignored. Can these be grounds for dismissal?

Also, the "stationary radar affidavit" bears the signature of the same officer that signed the ticket, which is impossible: one officer was standing in the street holding the SMD, and a second officer standing a few feet away from him is the one who actually pulled me over and issued the ticket.
Doesn't this prove that since the officer lied on the statement, he could be lying on everything else as well?

 

[seniorjudge]

What is the name of your state? WA

I got a speeding ticket for doing 40mph in a 25mph speed zone, measured by SMD.

I've asked for a contested hearing, and sent in my request for
A) Full Discovery including: front and back of the ticket, the full witness list, All sworn affidavits, all other evidence to be used by the prosecution.
B) Additionally, I requested: officer's logbook/records, a training manual for the SMD, the dates and the locations of the officer's SMD training, Maintenance-inspection-repair records for the SMD unit in question.

In response to my request I received copies of "stationary radar affidavit", the ticket, "radar certification form". Basically all I have asked in point B was ignored. Can these be grounds for dismissal?

Also, the "stationary radar affidavit" bears the signature of the same officer that signed the ticket, which is impossible: one officer was standing in the street holding the SMD, and a second officer standing a few feet away from him is the one who actually pulled me over and issued the ticket.
Doesn't this prove that since the officer lied on the statement, he could be lying on everything else as well?

File a motion to compel if you feel like your discovery motion was not complied with.

You did not say what the officer said that was a lie, so I can't answer that question.

 

[principessa]

How do I file a motion to compel? Do I ask for it a the court hearing or before?

The officer didn't lie at the traffic stop, but he signed both the ticket and the "stationary radar affidavit", which describes how he used the radar and saw me approaching, etc. The problem is that he wasn't handling the radar at all, as his partner did that, so by signing the affidavit he gave false testimony, right??

Thank you for your advice!

 

[seniorjudge]

Q: How do I file a motion to compel? Do I ask for it a the court hearing or before?

A: Same way you filed your discovery motion.


Q: The officer didn't lie at the traffic stop, but he signed both the ticket and the "stationary radar affidavit", which describes how he used the radar and saw me approaching, etc. The problem is that he wasn't handling the radar at all, as his partner did that, so by signing the affidavit he gave false testimony, right??

A: You did not say what the officer said that was a lie, so I can't answer that question.

 

[racer72]

In Washington, your discovery request is only going to get you any evidence that will be used against you in court, nothing else. I can guarantee nothing in your B list will be used against you in court and will not be provided, especially any training manuals, they contain proprietary information that is to not be released to the general public. And your claim of false testimony is laughable, you can only give testimony in court, not at a traffic stop. The officer only has to believe an infraction was committed to cite you. Sounds like you are using one of those one size fits all traffic ticket fix it scams. It's watching folks like you make fools of themselves in traffic court that keeps me coming back 2 or 3 times a month just to watch.