Go Back   SRT Forums - SRT4, SRT6, SRT8, SRT10 & Dodge Forum
Register Home Forum Photo Gallery Active Topics (D) Chat VBay [0] Mark Forums Read

       
SRTForums.com is the premier Dodge Neon SRT-4 on the internet. Registered Users do not see the above ads. Please Register - It's Free!


View Single Post
Old 05-20-2008, 10:47 PM   #71 (permalink)
moltenice
Premium Member
 
moltenice's Avatar
 
Join Date: Dec 2003
Member Number: 6528
Location: :noitacoL
Trader Rating: (24)
Posts: 14,471
Premium Member
Default

If you plan to fight it yourself some things I would recommend (this is how alot of the lawyers win their cases)...

Be familiar with Washington State Court Rules
Washington Courts

You will want to file for discovery of evidence. Discovery is governed by IRLJ 3.1(b) which states:
(b) Discovery. Upon written demand of the defendant at least 14 days before a contested hearing, filed with the court and served on the office of the prosecuting authority assigned to the court in which the infraction is filed, the plaintiff's lawyer shall at least 7 days before the hearing provide the defendant or the defendant's lawyer with a copy of the citing officer's sworn statement and with the names of any witnesses not identified in the citing officer's sworn statement. If the prosecuting authority provides the citing officer's sworn statement less than 7 days before the hearing but not later than one day before the hearing, the citing officer's sworn statement shall be suppressed only upon a showing of prejudice in the presentation of the defendant's case. If the prosecuting authority, without reasonable excuse or justification, fails to provide the citing officer's sworn statement, the statement shall be suppressed. No other discovery shall be required. Neither party is precluded from investigating the case, and neither party shall impede another party's investigation. A request for discovery pursuant to this section shall be filed on a separate pleading.


Call the Clerk of the Court shown on your citation. Ask them a few things:

1) The filing date of the citation. It must be filed with 5 days of the infraction (not counting weekends and holidays) or you can make a motion for dismissal under IRLJ 2.2(d) at your hearing.
2) Ask the Clerk to read you the officer's sworn statement. You will still have to formally request a copy through discover, but this will give you an idea of the entire amount of evidence against you.
3) Get the address of the prosecutor so that you can serve your discovery request. You must "serve" the prosecutor and "file" a copy of the Request with the court. The dates are extremely important. I recommend highly to NOT subpoena the Officers...
__________________
...
moltenice is offline   Reply With Quote
 
Google Links

» Wheel & Tire Center

Sponsors

Sponsors

» Auto Resources
Get Dodge reviews on Dodge trucks and cars such as a Dodge Charger and others. Find new Dodge cars at local new Dodge Dealer.
Powered by vBadvanced CMPS v3.0 RC2

All times are GMT -6. The time now is 07:58 AM.

(C) SRTforums.com
  • AutoForums.com
  • Truck
  • European
  • Import
  • Domestic
  • Manufacturer

AutoForums.com is the premier network of enthusiast-owned enthusiast-operated automotive communities.
We operate more than 100 automotive forums where our users consult peers for shopping information and advice, and share experiences and opinions as a community.

Visit AutoForums.com today.

For advertising information, please visit our AutoForums.com website and Contact Us, or send an email message to sales@autoforums.com.

Page generated in 0.15751 seconds with 12 queries