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Old 08-02-2004, 11:55 PM   #1 (permalink)
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Post My Weekend :(

Just thought I would share my weekend with all of you. First on Friday I was in kent and saw a Blue SRT with 3 people in the car at Jack-in-the-crack. Just wondering if it is anyone on here.
I had to drive to Mosow Idaho this weekend and I must say it is not a very fun drive. I left at about 8pm Sat. night. I got there in about 4 hours. Of course I was doing about 95-100 all the way down hywy 26. I enjoyed the time out there with my girlfriend who is now going to law school but it was on the way back that sucked. I got pulled over doing 74 in a 60 on hywy 26. I had my (expensive) radar detectar on but to no avail. The cop was behind a truck heading in the opposite direction and snuck over to the center line and nailed me.
Anyway I just wrote up a letter of discovery which should make the prosacutor in that small town sh@t their pants. I will have to post it later and maybe some of you can benefit from it.
On the way home from this drive I run into a civic with a big VTEC symbol on his trunck. He plays with me a little bit trying to get me to race but but I was on mile 258 and didn't really feel like it. Finally I gave in and got up next to him and revved once and the next thing I know he guns it. I was to lazy to drop it into 3rd gear even though I was at 70mph so I just went from 4th. He jumped about a half car and from there I just walked away from him. By about 120mph I had about 3 cars and by 135 I put about 8 cars on him. He never got up next to me again even though I slowed down to 60mph a couple of times. His friend in the car must have been given him all kinds of crap.
Moral of the story "be careful driving after you get a ticket." Oh, and one more thing "don't f@ck with my NEON.
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Old 08-03-2004, 01:21 AM   #2 (permalink)
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lol
yeh, i think you got somethin going there with the g/f in law school. what a shitty deal that you are living so far from her right now.
im extremey interested in a sample of a letter of discovery.

j.r.
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Old 08-03-2004, 06:01 PM   #3 (permalink)
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Indeed, do post.
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Old 08-03-2004, 07:11 PM   #4 (permalink)
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yes i have a ticket that i have a court date in 2 weeks i need some help still :P
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Old 08-03-2004, 08:32 PM   #5 (permalink)
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You *should* be able to pick up a "Request for Discovory" document at a legal office. It merely asks how it was that he determined your speed, and whether or not the Radar/Laser/Speedometer was recently calibrated.
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Old 08-03-2004, 08:48 PM   #6 (permalink)
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I don't know how else to post this so I am going to just cut and paste. Here you go



GRANT COUNTY DISTRICT COURT
IN AND FOR THE STATE OF WASHINGTON

CITY OF EPHRATA, )
) No. 30122
Plaintiff, )
) NOTICE OF APPEARANCE
v. ) AND REQUEST FOR
) CONTESTED HEARING
ALFRED J. BARTO, )
) CLERK’S ACTION REQUIRED
Defendant, )
_______________________________ _)

TO: CLERK OF THE COURT

AND TO: EPHRATA CITY ATTORNEY

AND TO: HIS/HER ASSIGNED DEPUTY


PLEASE TAKE NOTICE that the above defendant hereby requests the following discovery:

1. All citing officer’s notes and memoranda, along with the front and back of

all citations;

2. A copy of the citing officer’s notebook (i.e. the notebook that the officer

carries indicating the time of the stop, etc., for the 24 hours prior to and after

the incident);

3. All information concerning the speed measuring device including but not

limited to speedometer and/or radar used in any way in this case, especially

all records of maintenance, repair, certifications, printed procedures and

guidelines, and any other record related to the use, certification,

maintenance, or operation of the radar for a period from one year to this

incident to the present;

4. Certification that the radar unit was in the IACP Consumer Products List

and that the unit met or exceeded the NHTSA model specifications on the

date of the alleged incident;

5. All discovery related to or concerning the officer’s patrol car speedometer,

including whether or not it was checked and certified as accurate;

6. All information related to or concerning the officer’s training in estimated

speed and operating speed measuring devices, including but not limited to

laser;

7. The name, address, and phone number of each person responsible for the

testing, maintenance, and certification of every device used in this case to

measure the defendant’s speed;

8. The manuals for the radar unit in the year prior to this incident to the

present;

9. The make, model, and serial number of the speed measuring device used

to the measure the defendant’s speed; and

10. The name and address of the laboratory that performed the initial testing and

calibration of the radar unit and that performs the routine testing and

calibration of the unit.

Failure to provide this discovery will result in an appropriate motion at the time of the

contested hearing, including a motion to exclude evidence or a motion to dismiss.
The defendant requests the presence of the citing officer at the contested hearing. The

defendant also requests the filing of a formal list of witnesses pursuant to IRLJ 3.1 (b) be

provided at least seven days prior to the contested hearing. Failure to specifically name

and file the list of witnesses, including addresses and phone numbers, will result in a

motion to exclude evidence or a motion to dismiss.

The defend will also note at the time of the contested hearing to dismiss this matter if

it was not filed within 2 days after issuance pursuant to IRLJ 2.2(d). The defendant will

move to dismiss if the charging document does not comply with RCW 46.61.475 nor

include the maximum and approximate vehicle speeds. The defendant also requests all

information regarding the signage of this area showing that it is properly signed pursuant

to RCS 46.61.4000, et.seq. Failure to provide this information or to prove it at the

contested hearing will result in a motion to dismiss, or a motion to exclude any evidence

to the contrary.

The defendant requests the presence of an electronic speed measuring device expert

pursuant to IRLJ 6.6 to the extend necessary to establish the prosecution’s case. The

defendant also requests the presence of each and every person who actually certified the

particular radar or speedometer used in this cases. It is the defendant’s understanding

that these devices are certified every six months by SMD experts. The presence of the

certifier is requested. Failure to produce that person, as well as SMD experts, will result

in a motion to exclude any evidence or dismiss pursuant to Seattle v. Peterson 39 Wn.

App. 524, 693 P.2d 757 (1985)

The defendant reserves the right and hereby gives notice that it may call the defendant

as a witness at the time of the contested hearing. The name and address of the defendant

are presumably known by the prosecuting attorney, as well as any witnesses in the

vehicle stopped by the citing officer.

DATED this ____ day of ________ , 2004.
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Old 08-03-2004, 08:57 PM   #7 (permalink)
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Let me know what you guys think. My girlfriend sent one in just like this for a 23 over ticket in Othello and 3 weeks later they sent her a letter saying that the ticket is dismissed. So I figure why not try and see what happens.
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Old 08-03-2004, 09:20 PM   #8 (permalink)
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Quote: Originally Posted by MySRTfriesrice
You *should* be able to pick up a "Request for Discovory" document at a legal office. It merely asks how it was that he determined your speed, and whether or not the Radar/Laser/Speedometer was recently calibrated.


Yes i have it ill bring it down when i come to your house man, she didnt get me on radar, "Visually Estimated" ....says i was doing double the speed limit!
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