State of washington v maxwell c fannin tacoma, wa 6z0006066

YES

NO16+PASS

DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES

TOTAL PENALTY $

CDL/CLPYES NO

INFRACTION

TRAFFIC NON-TRAFFIC 6Z0006066

IN THE DISTRICT MUNICIPAL COURT OF

STATE OF WASHINGTON CITY/TOWN OF

DRIVER'S LICENSE NO. STATE: EXPIRES

FANNIMC038RAWA

NO

NAME: LAST FIRST MIDDLE

FANNIN MAXWELL COREY

ADDRESS 15315 50TH AVE E CITY STATE ZIP CODE

EMPLOYER

EMPLOYER LOCATION

TACOMA WA 984463903

DATE OF BIRTH RACE SEX HEIGHT WEIGHT EYES HAIR

12-01-97 W M 6'01" 205 HAZ BRORESIDENTIAL PHONE NO.

VIOLATION DATE

ON OR ABOUT 01/26/2016 00:26 LANG:

INTERPRETER NEEDED AT LOCATION CITY/COUNTY OFSB I-5 142.00KENT/KING

DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND

VEH LIC NO STATE EXPIRES VEH YR MAKE MODEL STYLE COLOR

AOD8373 WA 02-28-16 2002 MERCEDES-BENZ 3204D SEDAN 4 DR SILVER/TR #1 LIC NO STATE EXPIRES TR YR TR #2 LIC NO STATE EXPIRES TR YR

OWNER/COMPANY IF OTHER THAN DRIVER

PAUL C FANNINADDRESS CITY STATE ZIP CODE15315 50TH AVE E

TACOMA WA 98446ACCIDENT COMMERCIAL

VEHICLEHAZMAT EXEMPT

VEHICLEYES

NO NO

YES

NOFIRE

LEA

1. VIOLATION/STATUTE CODE

VEH SPEED IN A ZONE SMD PACE

46.61.40065 60



RELATED # DATE ISSUED 01-26-16

AIRCRAFT

OFFICER # 705OFFICER #

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT I HAVEISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE, THAT I HAVE PROBABLE CAUSE TO BELIEVE THEABOVE NAMED PERSON COMMITTED THE ABOVE OFFENSE(S), AND I AM ENTERING MY AUTHORIZED USERID AND PASSWORD TO AUTHENTICATE IT.

105.00

105.00


NICHOLAS KING

LEA: WAWSP0218 COURT ORI #: WA017173J

KING COUNTY DISTRICT COURT

COUNTY OF

CELL/PAGER PHONE NO. WORK PHONE NO.

IF NEW ADDRESS

PASSENGER

SPEEDING 5 MPH OVER LIMIT (OVER 40) PENALTY $

PENALTY $

PENALTY $

PENALTY $

REPORT #:

REF. TRAFFICWAY SR-18 BLOCK #

M.P.

SFX

15315 50TH AVE E

, PLAINTIFF VS. NAMED DEFENDANT

5. VIOLATION/STATUTE CODE PENALTY $

TICKET SERVED ON VIOLATOR

TICKET SENT TO COURT FOR MAILING

TICKET REFERRED TO PROSECUTOR

(SCANNED)

INFRACTION #:

12-01-19YES

PHOTO I.D. MATCHEDTHE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON

INF

RA

CT

ION

#6

Z0

00

60

66

WS

P IT

FA

NN

IN, M

AX

WE

LL

C 1

20

19

7

PAGE 1 OF 3

OFFICER REPORTON OR ABOUT: 1/26/2016 12:26:00 AM

6Z0006066VIOLATION DATE

Washington State Patrol Case ReportRADAR SMD AFFIDAVITThis affidavit incorporates by reference Notice of Infraction (NOI) # 6Z0006066On the above-listed date on the NOI, I was conducting traffic patrol duties in King County. I am a qualified speed measuring device (SMD)operator, having received training and instruction in the proper use and operation of Radar SMDs. The RADAR unit, #R2741, is regularlytested and a certificate of Design and Construction is on file with the court. I tested the RADAR with the internal checks and externally inthe stationary and moving modes (same and opposite direction). I tested both front and rear antennas using the assigned tuning forks,#397113, and #397091, by striking the forks on a nonmetallic surface before and after my shift, and found the SMD to be in properworking order.

On the date, time, and location listed on the NOI, the defendant was observed approaching X receding my location.at a speedwhich appeared to be in excess of the posted 60MPH speed limit. When the defendant’s speed was obtained on the RADAR, it emitted aclear, concise, high pitched audio tone which was increasing decreasing steady in pitch. I observed a visual display on the RADAR SMDof 76/78/80/81MPH. This confirmed my visual estimation. There was no radio frequency interference at the time of the reading.

The RADAR was used in the stationary mode opposite moving mode same lane moving mode.The reading on the defendant was obtained using thefront rear antenna.XI confirmed the RADAR unit’s patrol speed reading with my vehicle’s speedometer, which is checked for accuracy by RADAR every 90days at 30 and 60 MPH, as prescribed in the WSP manual.

The defendant’s vehicle was the only moving vehicle in the RADAR’s beam.The defendant’s vehicle was number of .

After obtaining the reading, I stopped the defendant and informed them of the violation.

TRAFFIC

CITYADDRESS

PHONEWITNESS NAME (LAST, FIRST, M.I.)

STATECITYADDRESS

PHONEWITNESS NAME (LAST, FIRST, M.I.)

STATE

WITNESS NAME (LAST, FIRST, M.I.) PHONE WITNESS NAME (LAST, FIRST, M.I.) PHONE

ADDRESS CITY STATE ZIP ADDRESS CITY STATE ZIP





ZIP ZIP

WEATHER STREET LIGHT

INF

RA

CT

ION

#6

Z0

00

60

66

WS

P IT

FA

NN

IN, M

AX

WE

LL

C 1

20

19

7

PAGE 2 OF 3

...NARRATIVE CONTINUES ON NEXT PAGE...

OFFICER REPORT CONTINUED...ON OR ABOUT: 1/26/2016 12:26:00 AM

6Z0006066VIOLATION DATE

The defendant stated:I'M SO SORRY OFFICER, IS THERE ANY WAY AT ALL I CAN GET A BREAK ON THIS, IT WOULD MEAN THE WORLD TO ME. I AMHEADED HOME TO TAKE MY SISTER TO PERU AT 3AM.

I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct (RCW 9A.72.085), that Ihave probable cause to believe the named person committed the attached offense(s), and I am entering my authorized user ID andpassword to authenticate it.Name: N. KING WSP Badge #: 705 Place: KING COUNTY WA Date: 1-26-16

**************************************

Officer's Report for Citation/Notice of Infraction # 6Z0006066.The information contained in and attached to this citation/notice of infraction is incorporated by reference into this report.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OFWASHINGTON THAT ALL STATEMENTS MADE HEREIN ARE TRUE ANDACCURATE AND THAT I AM ENTERING MY AUTHORIZED USER ID ANDPASSWORD TO AUTHENTICATE IT.

Signature: NICHOLAS KING #: 705

Date and Place: 1/26/2016 City/Town of Kent, County of KING

**************************************

INF

RA

CT

ION

#6

Z0

00

60

66

WS

P IT

FA

NN

IN, M

AX

WE

LL

C 1

20

19

7

PAGE 3 OF 3

INFRACTION 0TRAFFIC 0NON-TRAFFIC LEA.ORI#: WAWSP0218 COURTORl#:WA017173J ll'FRACTION #: 6Z0006066 REPORT#: INTt-E GI'] DISTRICT [jM.Jl\ICIPAL COURT OF KING COUNTY DISTRICT 0

0 STA TE OF WASHINGTON 0 COUNTY OF D QTY/TOVIW'l OF

DRIVER'S LICENSE NO. (SCANNEDj

FANNIMC038RA

TIE UNDERSIGNED CERTFIES AND SAYS THAT IN TIE STATE OF WASH .. GTON STATE EXPIRES PHOTOIDMATCt-ED NAME: LAST FIRST WA 12-01-19 0YES ONO FANNIN MAXWELL

, PLAINTIFF VS. NAMED DEFENDANT

MDDLE COREY

SFX COL/CLP DYES 2JNO

z "Tl ;;o )> (') -I

0 z . ADDRESS 15315 50TH AVE E IF NEW ADDRESS CITY STATE ZIP CODE U:

PASSENGER TACOMA WA 984463903 Ol EMPLOYER ------------~~--- EMPLOCATION ~ DATEOF-~B-IR-TH---~,RA-C~E---~,-SEX~--~-~lf.e~l-GH~T--~,VvE-l_GH_T --i~EYE-S~--~HA-l=R---~RE-S-ID-E~NTI-A_L_P_HO_N_E_N_O __ -~CE_UJP __ A_G_E_R_P_HO_N_E_N_O ____ W_ORK __ P_H_ON_E_N_O_.____ o 12-01-97 W M 6'01" 205 IHAZ BRO ~ VIOLATION DA TE n INTERPRETER NEEDED IA noCA TION sB 1-5 M.P. 142 a TY/COUNTY oF ~

_ ON~_!-BOUT 01/2612016 00:26 [LANGREF. TRAFFICWAY SR-18 BLOCK# KENT/KING Ol

-----,--------r----.,.-~----~-~~~D~O~PERA:==-TTE=-'T~HE~F~O~L=LO~Wl,~N~G~VE"-=~=C~LE==IMO"'-'-T~OR'-'-'-\IE"-=H=l=CL~E~O-"-'-'N~A~P~UB==L~IC~H~IG~HWA~~Y=A~N~D-~--------------~---- -.- ~lJ VEHLIGNO, !STATE !EXPIRES IVEHYR !MAKE !MODEL !STYLE !COLOR

_AOD8?73, WA 02-28-16 2002 MERCEDES-B=EN~Z=-----~-__,_3=2=04-'-'D=-----~-__.,_~--'-'S=E=D'-'-A.:;..:N,_4,_,D=R-'--------'-'S=IL=V,_,,E,,,_R=/A~ !! =i TR #1 UC NO STATE /EXPIRES ITRYR . ITR#2 UC NO I STATE I EXPIRES ITRYR -

OWl'ER/COMPANY IF 011-iER THAN DRIVER PAUL c FANNIN . --------- •

~~~~s~OTH AVE E ------ li'.rcoMA '~~TE '~~~DE ••

_1~~15§_0THAVE E I I I

---~'-~-~-l-~_:_a_AL~M~~-~-s-~'~-~-~~f?j~~-~-s-~\HAZ_ MAT &J~~- ~~~~\ H~~E ; DID TMEN AND THERE COM...,. EACH OF TIE FOLLOWING OFFENSES E i 1; 1 D ... •

ACCIDENT -~o _____ _ -VEHSPEED::----;6"5~-:-;-IN~A----,6~0..-----,z~o~tlE=---,1~--=1SM-...:D,..-,J--r.IP~A~CE~l~IA~IR~CRA~~FT~=-===-o.==-o.=:...-'-'-"=--'....~~~'-=~==~-~---1 .. 1-11~-----l:&.~.-. ...... -~----------1. v1oi.ATION/STA TUTE CODE 46. 61.400 SPEEDING 5 MPH OVER LIMITCOVER 40) !PENAL TY$ 105.00 Iii

-2.'°VtOLA noNJS---=TA,,...TU-=TE,.,..-.,,..<::0-f'-cc"~--- -------------~~----------~-_-_-----_--_-:_-_-:_-_-_-::_-_-_-_-_-_-_-_-_-_-::_-_-_-:_fEB~~~~~1~-o'J--:2~-011--fl,-6'1--:--_-_--;· ~l~P~·-EN~A~L-TY_-_-$_-_-_-_-_-_-_-_ = 3.VIOLATION/STATUTECODE !PENALTY$ !!Ii!!!!!

-4:°VIOLATIO_N/S_1...,A-TUT_E.....,C.....,O_DE_·--------------------------------------. ~Sott0'11UH"tHh't--1"tJ»19~.~e~u-ri~e-n--~1P-EN-AL_TY_$ ____ •

______ . ________________ K_1n~g'--C=...co,._,u ..... n...,ty,__O.+;;ls!-\.ltr-«iG~t+"ico'tlrt~----- ii 5. VIOLATION/STATUTE CODE ~ · !PENALTY$

RELA!__ED# !DATE ISSUED ~01-26-16 !TOTAL PENALTY$ 105.00 I CEFHIF'' UNDER PENAL TY OF PERJURY UNDER THE l.A\IVS OF THE STATE OFV\11\SHINGTON THAT I HAVE ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE, THAT I HAVE PROBABLE CAUSE TO BELIEVE THEABO\/E NAMEO PERSON COMMITTED THE ABOVE OFFENSEiS). AND I AM ENTERING MY AUTHOR,ZEO USER !DA.ND PASSWORD TO LUTHENTICATE IT

OFFICER NICHOLAS KING # 705 -~OF~F~IC=E~R'-.-----------------------"-# __________ _ 2) TICKET SERVED ON VIOLATOR 0 l'ICKET REFERRED TO PROSECUTOR

[j TICKET SENT TO COURT '.-·<'H MAILING ---------+--·---------·--·--------;

INFRACTION

D I have enclosed a check or money order .. in U.S. funds, for the amounl listed. I understaid ltis v.111 go on my driving record if iramc" is checked. DO NOT SEND CASH. NSF checks will be treated as faili.-e to respond.

D Mlligalion Hearing. I agree I have committed the infradion(s), but I want a hearing lo explain the circt.mstaices. se for which you cainot go to jail. Please send me a court dale, and I promise !o appe• on thal dale. I know I cai ask witnesses to appear but EN (15) DAYS FROM TIE DATE ISSUED. they are not reqlAredto appes-. I t.Vlderslanil ttis wll go on my driving record if"traftic" is checked. The court

Your response must be postm d by mldnigti of the day His due at the court. may allow time payments or reduce the pen<llty ""'1ere allowed by law.

____________ ....:l:...f =u-=do:::....:..:nol::::...:.,r=o~n"'d--'-o'-'r ap::!i"'-pe~a::..r.:.:for"-"'co:..:lri:::..o;h.=ea=::ri"'ng""sc..: __________ __, • Cortesled Hearing. I wart to contest (cha11e1tge) this infraciion. I did not commit the infradion. Please send me lRAFFIC / NON-TRAFFIC a court dale, and I promise to appear on that; date. The stale must proYe by a preponderance of the evidence

The court will find that you committed the ilJlfaction. The court will find that you committed the infradion. thal I commftled the i'lfradion. I know I can re~ire (subpoena) v.ttnesses, including the officer who Wl'Ote the You may lose your drive~s icense priVllege. II is a aime and will be treated accordingly. ticket to attend the hearing. The court Wiii teM me how to request a witness's appearance. I understand this will

Your penalty will be increased. Yoi.- penalty may be increased. go on my driving record if I lose and iralfic" is checked.

Faili.-e to pay may reslJI in a referral of your case to a Failure to paymayreslJI in a referral of your case to a NOTICE: You maybe able to enter into a payment plan with the court underRCW46.63.110. colledion agency. colledion agency.

Check one al the 3 boxes to the rigi., sl~, date, and mal this form to: Court contad information: Phone 1 : f 206)205-9200 ' Website: http:lldistrtdcourt.kingcounty.govltickel Go Online to Pay or to Request Online Mitigation or Deferred Finclng of Fine

KING COUNTY DISTRICT COURT

BURIEN COURTHOUSE 601 SW 149TH ST

BURIEN WA 98166-1935

-~

State: Work:

SIGNATUR 6Z0006066 PAGE 1OF1

11 )> z z z :s:::

~ r r 0

SR PRODUCTS Customer Satisfaction Since 1900

111111111 ( f I' Ill,,,,,, 1111I,,,•1 I,,,,,,,',,,,, .• ,. I,,, u .,,, f I I,.

k;~ {CJUJ1f) [),-Hrlt:-t- &ur+ Bur7e11 LCJur +ht?t.A.{e

6tJI )W t41+h 5T Bw-1e.n WA q!f tt- lf1~5

'<1!l~l 'l:tl'fi:.:IHA ltJ ·£~ 'r;f\"f!'l-, ll;}'~'if O:Jtrf _t

l=ILEO

Fl:.H 102016 King County 0·

Burien Cou'rt•htrtct Court ouse

CONTESTED HEARING

The Court has received your request for a contested hearing. The issuance of your Notice of Infraction is a determination that youcommitted the infraction. You have been scheduled for a hearing to contest that determination.

As a defendant, you are entitled to the following.• The right to bring a lawyer, at your expense.• The right to present evidence and examine witnesses in court.• The right to request from the prosecutor a witness list and a copy of the citing officer’s sworn statement if it will be offered into

evidence at the hearing. You must make the request in writing at least 14 days before the hearing, and the witness list citingofficer’s sworn statement should be given to you at least 7 days before the hearing.

• The right to subpoena witnesses, including the officer who issued the Notice. You must apply to the court in person at least 10days prior to the hearing for the correct form. It will then be your responsibility to have the witness served at least 7 days beforethe hearing.

• The request to produce an electronic speed measuring device (SMD) expert must be served on the prosecuting authority andfiled with the clerk of the court at least 30 days prior to the hearing or such lesser time as the court deems proper.

HEARING PROCEDURE:The contested hearing will be heard before the court without a jury. The government must prove by a preponderance of the evidence thatyou did commit the infraction. After consideration of the evidence, the court will determine whether you did commit the infraction. If thecourt determines that you did commit the infraction you may be required to pay a monetary penalty. You may also be required to paycourt costs in addition to the monetary penalty on the day of your court hearing. The court accepts cash, check, debit or credit cards. In atraffic infraction case, a record of the court’s determination and order may be furnished to the Department of Licensing. Suspension,revocation or denial of your license may result if you are found to have committed the infraction. You may appeal the court’s decisionthat you did commit the infraction as allowed by statute and court rule.

FAILURE TO RESPOND/FAILURE TO APPEAR/FAILURE TO PAY:Failure to respond, failure to appear at any hearing, or failure to pay will automatically increase the monetary penalty by $52.00, and, in atraffic infraction case, your driving privilege may be suspended until you have paid all the penalties required by law. Failure to appear atany hearing may be a crime for which you may be arrested. If this account becomes delinquent it will be referred to a collection agencyfor collection enforcement and you may be charged collection fees.

IRLJ 2.6(D):A defendant who objects to the hearing date set by the court upon the ground that is not within the limits prescribed by this rule shall filewith the court and serve upon the prosecuting authority a written motion for speedy hearing date within 10 days after the notice ofhearing is mailed or otherwise given to the defendant. Failure of a party, for any reason, to make such a motion shall be a waiver of theobjection that a hearing commenced on such a date is not within the time limits prescribed by this rule.

NOTICE OF HEARINGIN PERSON OR BY MAIL

(See Reverse)

Aviso Legal ImportanteACCOMMODATIONS ARE AVAILABLE TO PEOPLE WITH DISABILITIES UPON REQUEST

Y

1oz - #10 - 138 - 1380000000000000000 000138 0001 0002 0 1 0 0 0

King County District CourtBurien Courthouse601 SW 149th StBurien, WA 98166-1935

1oz - #10 - 138 - 138

FANNIN, MAXWELL COREY15315 50TH AVE ETACOMA WA 98446-3903

YOU MUST APPEAR FOR YOUR CONTESTED HEARING

on: THURSDAY MARCH 17, 2016 10:15 AM

Courtroom: BUR COURT RM 3 Judge: GREEN, NATHANIEL B.

NO. 6Z0006066

DATE: 02/12/2016

If you do not want a hearing, but need time to pay, pleasesee payment options on the reverse side. If you need tocontact the court you can call 206-205-9200 or visit ourwebsite at http://kingcounty.gov/kcdc

CONTESTED HEARING BY MAIL:Instead of appearing in court on the date and time scheduled on your hearing notice, you have the option of a contested hearing bymail. If you decide to proceed with a hearing by mail, you will not be required to appear in court. Instead you must complete theDefendant’s Statement form listed below and mail it to the court prior to your scheduled hearing. Within your written statement youmay request that the court consider giving you a deferral pursuant to RCW 46.63.070(5). If you have any witnesses, they too mustsubmit statements along with your statement. The court will review the statements filed and the police officer’s sworn statement andrender a decision. A copy of the judgment will be mailed to you after the court date. If the court finds that the infraction has beencommitted, it will impose a monetary penalty and the finding will be reported to the Department of Licensing. The penalty will bebased on the facts of the case and your driving record. If the infraction is found committed, you have NO right to appeal the court’sdecision. You must agree to pay the court-ordered penalty within the specified time ordered by the judge. You will be notified bymail in a form letter of the judge’s decision.

The court must receive your signed statement 7 days PRIOR to the scheduled hearing date.

DEFENDANT’S STATEMENTI wish to submit my case to the court in writing. I have read and agree to abide by the rules and procedures governing hearings by mail.I agree to pay any penalty imposed in the time period set by the court. I understand that I cannot appeal the court’s decision.

Name: Address:

Date: City/State/Zip:

Ticket Number: Phone:

THE FOLLOWING IS MY WRITTEN STATEMENT CONTESTING MY INFRACTION OR EXPLAINING MITIGATINGCIRCUMSTANCES:

I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing statement is true and correct.

KING COUNTY DISTRICT COURT PAYMENT OPTIONS:

• In Person – Payment can be made at any King County District Courts. Visit http://kingcounty.gov/kcdc/locations for locations.• Online or Phone – Credit card payment only. A convenience fee will be charged. Visit http://kingcounty.gov/kcdc/payonline or call toll-free 1-877-816-3530.• Mail – Send check or money order including your full name and ticket number to:

KCDC – Payment Center516 Third Ave Rm E340Seattle WA 98104-2394

For Time Payment or more information, visithttp://kingcounty.gov/kcdc/payment or call 206-205-9200

Rev. 06/2014

Date and place (City, State)

Signature (Required)

Return Hearing-by-Mail to:King County District CourtBurien Courthouse601 SW 149th StBurien, WA 98166-1935

MAR. 2.2016 3:34PM NO. 8362 P. 6

t'\1\1~ 0 2. ?.0\6

Kng county District coufbng County District Court I suriel1 courthOIJ~outh Division, Burien Courthouse

) STATE OF WASHINGTON, )

) Plaintiff, )

Vs. ) )

Maxwell C Fannin, ) )

Defendant. ) ~~~~~~~~~~~~-)

STATE'S RESPONSE:

No. 6Z0006066

STATE'S RESPONSE TO REQUEST FOR DISCOVERY AND CERTIFICATE OF MAILING

To: Lucky Lufkin

Pursuant to your request for discovery are copies, if applicable, of the following items specified by IRLJ 3 .1 (b ):

1. Copy of Infraction, officer's sworn statement, and accident report if applicable, 3 pages.

. 2. A Witness list if the State intends to subpoena witnesses not identified in

police report/reports.

Speed measuring and/or weight scale certificates are available for inspection in the Courtroom. See IRLJ 6.6 (d). All other discovery is your responsibility to obtain from the proper agency.

I certify under penalty of petjuty of the laws of the State of Washington that on the date below I placed in the U.S. mail the above described materials to the defendant or his/her attorney at the address provided in the discovery request, with proper postage.

By _ __,_~__.·,,,.___.,,,_._ILJ__~it--- at Burien, WA, on 3/2/2016.

For DANIEL T. SATTERBERG, KING COUNTY PROSECUTING ATTORNEY

STATE'S RESPONSE TO REQUEST FOR INFRACTION DlSCOVERY-1 Daniel T_ Sattcrberg King Counry f.'rosecutini;; Atty

Criminal Oivision, OiSttict Court Unit

,.., ~ ....... '

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

MAR. 2. 2016 3:34PM

Copy RECEIVED

HAR 02 2016

IN 11IB KING COUNfY DISTRICT COURT IN AND FOR THE STATE OF WASHJNGTON SOUTH DIVISlON, BURIEN COURTHOUSE

STATE OF WASHINGTON, NO. 6Z0006066

NO. 8362 P. 7

COPY RECEIVED MAR 02 2016

ca.w,OMSION •<XXMT~OFFD'

Plaintiff, DEMAND FOR DISCOVERY vs.

ANNIN, MAXWELL COREY

0: 0:

Defendant.

Clerk of the Above-Entitled Court, and Prosecuting Attorney "

DEMAND FOR CONTESTED HEARING

20 THE DEFENDANT HEREBY makes the following demands, motions, and requests for

21 discovery in thematter(s) pending under this Cause Nuinber:

22

23

24

25

26

27

ZB

1. Contested Hearing

Defendant respectfully requests this court to note the above-referenced matter for a contested

hearing.

Preservation of Evidence

Preserve any and all physical evidence relating to the citation charged herein, including, but not

limited to, police and other emergency communication tapes (all 911 tapes) of all internal

convernations and all incoming phone calls; all field notes of any police o~cer involved in the 29 calls; all working notes of any expert involved in the case; and the scene of the citation charged, , · . ·

30 until final disposition ofthis cause or until otherwise ordered by the c~ L u_p-/LA ,J

DEMAND FOR DISCOVERY-I TSAI LAW COMPANY, PLLC 2101 Foun:h Avenue, Suite2200

COPY s~.,~~8:21

CONTESTED HEARING

The Court has received your request for a contested hearing. The issuance of your Notice of Infraction is a determination that youcommitted the infraction. You have been scheduled for a hearing to contest that determination.

As a defendant, you are entitled to the following.• The right to bring a lawyer, at your expense.• The right to present evidence and examine witnesses in court.• The right to request from the prosecutor a witness list and a copy of the citing officer’s sworn statement if it will be offered into

evidence at the hearing. You must make the request in writing at least 14 days before the hearing, and the witness list citingofficer’s sworn statement should be given to you at least 7 days before the hearing.

• The right to subpoena witnesses, including the officer who issued the Notice. You must apply to the court in person at least 10days prior to the hearing for the correct form. It will then be your responsibility to have the witness served at least 7 days beforethe hearing.

• The request to produce an electronic speed measuring device (SMD) expert must be served on the prosecuting authority andfiled with the clerk of the court at least 30 days prior to the hearing or such lesser time as the court deems proper.

HEARING PROCEDURE:The contested hearing will be heard before the court without a jury. The government must prove by a preponderance of the evidence thatyou did commit the infraction. After consideration of the evidence, the court will determine whether you did commit the infraction. If thecourt determines that you did commit the infraction you may be required to pay a monetary penalty. You may also be required to paycourt costs in addition to the monetary penalty on the day of your court hearing. The court accepts cash, check, debit or credit cards. In atraffic infraction case, a record of the court’s determination and order may be furnished to the Department of Licensing. Suspension,revocation or denial of your license may result if you are found to have committed the infraction. You may appeal the court’s decisionthat you did commit the infraction as allowed by statute and court rule.

FAILURE TO RESPOND/FAILURE TO APPEAR/FAILURE TO PAY:Failure to respond, failure to appear at any hearing, or failure to pay will automatically increase the monetary penalty by $52.00, and, in atraffic infraction case, your driving privilege may be suspended until you have paid all the penalties required by law. Failure to appear atany hearing may be a crime for which you may be arrested. If this account becomes delinquent it will be referred to a collection agencyfor collection enforcement and you may be charged collection fees.

IRLJ 2.6(D):A defendant who objects to the hearing date set by the court upon the ground that is not within the limits prescribed by this rule shall filewith the court and serve upon the prosecuting authority a written motion for speedy hearing date within 10 days after the notice ofhearing is mailed or otherwise given to the defendant. Failure of a party, for any reason, to make such a motion shall be a waiver of theobjection that a hearing commenced on such a date is not within the time limits prescribed by this rule.

NOTICE OF HEARINGIN PERSON OR BY MAIL

(See Reverse)

Aviso Legal ImportanteACCOMMODATIONS ARE AVAILABLE TO PEOPLE WITH DISABILITIES UPON REQUEST

Y

1oz - #10 - 17 - 170000000000000000 000017 0001 0002 0 1 0 0 0

King County District CourtIssaquah Courthouse5415 220th Ave SEIssaquah, WA 98029-6839

1oz - #10 - 17 - 17

FANNIN, MAXWELL COREY15315 50TH AVE ETACOMA WA 98446-3903

YOU MUST APPEAR FOR YOUR CONTESTED WITH ATTY

on: WEDNESDAY APRIL 13, 2016 08:45 AM

Courtroom: ISQ COURT RM 1 Judge: BENDER, JOHANNA

NO. 6Z0006066

DATE: 03/07/2016

If you do not want a hearing, but need time to pay, pleasesee payment options on the reverse side. If you need tocontact the court you can call 206-205-9200 or visit ourwebsite at http://kingcounty.gov/kcdc

CONTESTED HEARING BY MAIL:Instead of appearing in court on the date and time scheduled on your hearing notice, you have the option of a contested hearing bymail. If you decide to proceed with a hearing by mail, you will not be required to appear in court. Instead you must complete theDefendant’s Statement form listed below and mail it to the court prior to your scheduled hearing. Within your written statement youmay request that the court consider giving you a deferral pursuant to RCW 46.63.070(5). If you have any witnesses, they too mustsubmit statements along with your statement. The court will review the statements filed and the police officer’s sworn statement andrender a decision. A copy of the judgment will be mailed to you after the court date. If the court finds that the infraction has beencommitted, it will impose a monetary penalty and the finding will be reported to the Department of Licensing. The penalty will bebased on the facts of the case and your driving record. If the infraction is found committed, you have NO right to appeal the court’sdecision. You must agree to pay the court-ordered penalty within the specified time ordered by the judge. You will be notified bymail in a form letter of the judge’s decision.

The court must receive your signed statement 7 days PRIOR to the scheduled hearing date.

DEFENDANT’S STATEMENTI wish to submit my case to the court in writing. I have read and agree to abide by the rules and procedures governing hearings by mail.I agree to pay any penalty imposed in the time period set by the court. I understand that I cannot appeal the court’s decision.

Name: Address:

Date: City/State/Zip:

Ticket Number: Phone:

THE FOLLOWING IS MY WRITTEN STATEMENT CONTESTING MY INFRACTION OR EXPLAINING MITIGATINGCIRCUMSTANCES:

I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing statement is true and correct.

KING COUNTY DISTRICT COURT PAYMENT OPTIONS:

• In Person – Payment can be made at any King County District Courts. Visit http://kingcounty.gov/kcdc/locations for locations.• Online or Phone – Credit card payment only. A convenience fee will be charged. Visit http://kingcounty.gov/kcdc/payonline or call toll-free 1-877-816-3530.• Mail – Send check or money order including your full name and ticket number to:

KCDC – Payment Center516 Third Ave Rm E340Seattle WA 98104-2394

For Time Payment or more information, visithttp://kingcounty.gov/kcdc/payment or call 206-205-9200

Rev. 06/2014

Date and place (City, State)

Signature (Required)

Return Hearing-by-Mail to:King County District CourtIssaquah Courthouse5415 220th Ave SEIssaquah, WA 98029-6839

KING COUNTY DISTRICT COURT, STATE OF WASHINGTON East Division - Issaquah Courthouse

State of Washington, COUNTY OF KING

vs

FANNIN, MAXWELL COREY

This is notification of the date for your CONTESTED WITH ATTY. YOU MUST APPEAR ON: 4/13/2016 AT: 08:45 hours COURTROOM: IS1 WITH JUDGE: BENDER, JOHANNA

LUFKIN, JOHN LUCKY 2101 4TH AVE STE 2200 SEATTLE, WA 98121-2332

5415 220'" Ave SE Issaquah, WA 98029

206-205-9200

Case No. 6Z0006066 NOTICE OF HEARING Date of Notice: March 8, 2016

State of washington v maxwell c fannin tacoma, wa 6z0006066

Documents

Transcript of State of washington v maxwell c fannin tacoma, wa 6z0006066