Today, I went into the Snohomish County Court in Lynnwood to file my discovery demand with the court (one of the prosecutor is in the mail) and ask to see if that the form for IRJL 6.6(b) was filed and when it was. The clerks really had no idea to what I was talking about and pointe me over to the binder that they keep which looks like where this is filed. Looking at the book, it seemed pretty disorganized and I am not sure yet what the serial number on the LIDAR was since my discovery hasn't come yet. Anyway, I am home reading about IRLJ 6.6(b) and it looks like the form that is filed out is in these books, but I am not sure how to tell what is filed with the court, or when. Nothing is stamped when it was added, just dated when the cop signed the paper. How can I find out the file date?Is the file date just the date when the cop signed the bottom of the page? Shouldn't this also be noted on my case in the computer along with a copy in the discovery or the papers for my case along with all the other papers for my case?
IRLJ 6.6(b) states that you must give the State at least 30 days notice when requesting an expert witness on speed measuring devices. The rule does not require the certificate to be filed at any particular time.
Law Office of Scott Lawrence
Sent from my Motorola Smartphone on the Now Network from Sprint!
This infraction rule essentially allows evidence regarding a speed measuring device to be presented by way of a document rather than in-person testimony by an expert. You see, the law requires that when a mechanical device is used to prove something, in this case the speed of a vehicle, there must be a foundation laid before the evidence can be considered by a court. For example, there must be evidence that this device was tested and certified within a certain period of time, how it was tested, the qualifications of the expert testing the device, etc. So you must properly file a discovery request with the prosecuting attorney to obtain the police reports including the model and serial number of the device used by the officer. Then you must try and find whether there is sufficient proof that the device has met these requirements by way of these documents in the binder. If not, you could have an issue to suppress the speed. My advice is to retain an experienced traffic attorney to handle this matter for you.
I would be less concerned with the file date than with what the document states. The file date is less important and may not be important at all for IRLJ 6.6 purposes. The purpose of the document, as has been answered by one of my colleagues, is to allow the government to lay foundation for some speed measurement devices in lieu of bringing in a so-called expert on the device in question.
This answer is given merely for informational purposes and does not create an attorney-client relationship. For specific advice, contact an attorney in your state to see if working together makes sense.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline