If affidavit doesnt contain identity info from NOI (name, vehicle, or infraction #) is it cause for dismissal?

Asked over 2 years ago - Redmond, WA

Traffic - failure to stop. NOI seems accurate. However, officer's affidavit only states "observed vehicle", "referenced infraction" and "referenced driver". In addition, it doesn't state where he was when he saw me allegedly run a stop sign. The stop sign in question is at a T intersection and blocked on 2 sides by hills and shrubbery. He would have had to been behind me or right near me to visably see the sign and whether I stopped or not. I did stop, however to see around the corner shrubs I rolled out and then accelerated. IF he was at either side of the approach to the intersection he would have just seen the roll out.

It seems that without any identifying information other than the area and date the affidavit isn't sufficient to hold up in court. Is this a technicality for dismissal?

Attorney answers (3)

  1. 2

    Lawyers agree

    1

    Answered . The best answer anyone can give you with the information provided is probably. These are definitely "technicalities" that are used to get a dismissal. It ultimately depends on how everything was filed and all of the information in the discovery. A ticket lawyer can look at everything and give you an educated opinion. However, if the prosecutor subpoenas the officer or has him write a supplemental report the defects can be cured.

    The bigger question is do you know how what rules and caselaw to cite, and how to present this to a judge, to get the desired result. You might lose on an otherwise great issue because you are not well trained in the rules of evidence, the court rules and the rules of procedure.

  2. 2

    Lawyers agree

    Answered . I would agree with Mr. Lawrence. Also, some of that missing information might be contained in the NOI, which can be considered by the judge, although it is really the formal charging document for infractions. But the best thing to do is retain a competent traffic attorney to look into not only the issues you have cited, but also to find some other ones that might be there as well.

  3. Answered . I would definitely argue that it is grounds for the court to dismiss the infraction. Unfortunately, although the court rules require the officer to put that information on the ticket, every court is different in deciding whether the lack of that information is grounds to dismiss the infraction. Even with the benefit of an attorney, some judges don't like to dismiss cases on technical grounds. If you contest the infraction without an attorney, I would request from the court and/or prosecutor that they provide you with the officer's notes and report. This may give you more information and more arguments for the court to consider.

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