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  1. #1
    Join Date
    Sep 2010
    Posts
    6

    Default Washington State Patrol Speeding Ticket by Pace

    Hello all,

    This is sort of a repost of an early post I put up, but wasn't really clear on the feedback. Here is a link to the affidavit from the trooper http://picasaweb.google.com/maddog.d...OefuNHNx7DrOw#

    The court date is tomorrow and I was looking for advice on how to approach this ticket. Any help or suggestions much appreciated.

    Thanks,
    Hoagy

  2. #2
    Join Date
    Oct 2008
    Posts
    276

    Default Re: Washington State Patrol Speeding Ticket by Pace

    Say just this.
    Your honor i move to surpress the officers affidavit

    Your honor the officer here has attested to a "pace" however, the officer has not informed us that he has any experience or training with respect to obtaining speed via pace, and more importnantly, the officer does not inform us "who" last tested the patrol speedometer or how it was tested all he says is that it was tested and found to be accurate. This affidavit lacks significant information, and i would ask you to surpress it...

    When the judge says your motion is granted, then "your honor, i would ask you to dimiss this case for lack of evidence.

    The most importnant thing to do here, is the second, i mean second the judge calls your name, walk up and say good morning your honor, i do have a preliminary motion...

  3. #3
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Washington State Patrol Speeding Ticket by Pace

    Cole's motion is golden.

    If you want you can add that there is no way of proving that the officer's patrol car was certified for accuracy as there is no expert testimony to that fact.

    I endorse and assent.

  4. #4
    Join Date
    Sep 2010
    Posts
    6

    Default Re: Washington State Patrol Speeding Ticket by Pace

    Thanks to both Cole and Brendan...I'll let you know how it turns out tomorrow!

    Best Regards,
    Hoagy

  5. #5
    Join Date
    Mar 2009
    Posts
    12

    Default Re: Washington State Patrol Speeding Ticket by Pace

    Not to hijack this thread, but i have similar case. I got a pacing speeding ticket on the freeway, 80 in a 60, in seattle WA.
    I was wondering if i should use a similar defense strategy. i got a pacing ticket, but the officer (WaSP) left no notes at all. This is all i received back as part of my discovery:

    http://farm5.static.flickr.com/4067/...eee6dd87_b.jpg
    http://farm5.static.flickr.com/4152/...ca648fdc_b.jpg
    http://farm5.static.flickr.com/4023/...12bcaf22_b.jpg
    http://farm5.static.flickr.com/4153/...de14ff14_b.jpg

    So should i use a similar statement to the judge, or just motion to dismiss due to lack of evidence, since there are no notes at all, similar to this thread:
    http://www.expertlaw.com/forums/showthread.php?t=101044

    Thanks again for any help.

  6. #6
    Join Date
    Mar 2009
    Posts
    12

    Default Re: Washington State Patrol Speeding Ticket by Pace


  7. #7
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Washington State Patrol Speeding Ticket by Pace

    @Photomoto: Exactly. Make the same motions that Barry outlined in that thread and you should be fine.

  8. #8
    Join Date
    Mar 2009
    Posts
    12

    Default Re: Washington State Patrol Speeding Ticket by Pace

    Thanks for the help Brendan. My court data is on monday, i will post the results when i get back.

  9. #9
    Join Date
    Mar 2009
    Posts
    12

    Default Re: Washington State Patrol Speeding Ticket by Pace

    Brendan, (and in turn barry)
    pretty much open and close case dismissed due to lack of evidence, since there were no notes. Thanks for the help.

    i show up, but the court is already in session people are already mitigating and contesting tickets. Most are ill-prepared. The judge is nice, and reduces the fine on most.

    moto case number xy blah blah
    yes your honor...
    walk up to tables....
    your honor, i'd ask you to dismiss this case due to lack of evidence.
    well, let me see if i agree. . . (type on the computer). hmm the officer's statement is blank, i agree case dismissed.
    thank you your honor.

  10. #10
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Washington State Patrol Speeding Ticket by Pace

    Way to go! Congratulations!

    Thanks for letting us know.

    Barry

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