Speeding Ticket in Washington State

[Philiminilli]

This ticket was issued in Kent WA at 23400 30th ave s. I have included a copy of the ticket/affidavit and have blocked out my name/birth date/license # for privacy. I was wondering if anyone can find any issues with the ticket that will get it thrown out in court, and any direction on a possible defense. I can also send a file if these pictures are too small. ctrl + is your friend!

[BrendanjKeegan]

So you've got a number of options here. My first one would be that the officer states an indefinite time on when before and after the stop that he tested the unit. Could have been days, weeks, months, before and after the stop.

Second would be that he says that calibration was done, but he never states that he did it himself. He also didn't state whether he was present if someone else calibrated the unit. His testimony to something he has no proof of should be stricken.

Third would be that he only lists one tuning fork seriall number. I'm fairly certain that there are two that come with the gun. Check with the calibration and certification log on file with the court and see if there is another for that seriall number. If he only used one, and there are two, motion for dismissal.

There's more, but I'm typing quickly on my way out, so I'll leave it to one of the others to have a look.

Brendan

[Philiminilli]

Thanks! More would be appreciated, usually 3 is a charm in getting a ticket dismissed, but more is always better.

[blewis]

The first two points Brendan makes MAY or MAY NOT work. I'd say 10-15% chance of success, depending mostly on the judge. The third point is moot, however, since the Falcon only comes with a single 50 MPH tuning fork -- although you should still check the certification to make sure that the officer used the correct fork, by serial number.

If so, I'm thinking deferral for the speeding (if you're eligible) -- get your motorcycle endorsement before the hearing and maybe the judge will reduce that to "court costs."

Barry

[Philiminilli]

Thanks Blewis, Kent has the pre-hearing conference, which sucks because you have to ask for discovery then, and it gives them more than enought time to mail it to you.

[blewis]

Actually, based on my own experience (five years ago), you can request discovery anytime. But, on the "Order on Pre-hearing Conference", you must list ANY motions you plan to bring. Any other motions are deemed "waived". So, I always list: Motion to Compel Production and Motion for Dismissal -- just in case.

As far as discovery, it looks like you have the officer's sworn statement. The only other thing would be a copy of the SMD certificate, which they may have on file in the court. There's really nothing else you can request.

In Kent, however, if you waive the pre-hearing conference, you can no longer receive a deferral. See KMC-IRLJ 2.6.

Barry

[Philiminilli]

so sneaky. The way they word that sheet they give you at the pre-hearing conference, it specifically asks if you want to request discovery or not, makes you feel like you don't have a choice except for right then and there, not 15 days or so before your court date.