My question involves a speeding ticket from the State of WA. Snohomish County:
My grandma got a speeding ticket, the first one ever. Below is a copy of the LIDAR affidavit that I received from WSP through discovery. I took a look at the evidence so far, the officer states he used a Kustom Pro Laser III LIDAR #L-1346 with S/N PL23650 to monitor traffic. Then he says he placed the red dot sighting reticle on the defendant's vehicle and the LIDAR calculated the speed of my grandma's vehicle to be 82mph. He doesn't state that he used Kustom Pro Laser III LIDAR #L-1346 with S/N PL23650 to calculate the speed of my grandma's vehicle, just the red dot sighting reticle of a SMD, who knows if it was the same Kustom Pro Laser III LIDAR #L-1346 with S/N PL23650 he was monitoring traffic with. He states he has been trained in the use of LIDAR, but he never states that he was abiding by that training and properly using the LIDAR unit he used. He says he tested the LIDAR unit before and after his shift. Once again, I'm not sure if that is the Kustom Pro Laser III LIDAR #L-1346 with S/N PL23650. He says before and after his shift, I'm not sure if that is before and after his shift on the date the infraction he claims occurred, or any time before he wrote the LIDAR affidavit such as last year. He states he performed 4 tests: 1) Heads-up Display Alignment test 2) internal self diagnostic check 3) Delta Distance check using pre-measured distances as prescribed 4) the fixed distance check at 100 feet. In the discovery process, I came upon a 4 page affidavit for SMD device certification written 11/23/10 by the SMD experts Steen Nicholson and Anthony Hillock. Pursuant to IRLJ 6.6b, they signed documents that stated that 4 accuracy certfications must be done on LIDAR: 1) Head Up Display aiming reticle checks 2) internal self-test 3) fixed distance check 4) reference oscillator at 20MHz plus or minus 1kHz. Maybe I am not understanding this, but it appears that the officer failed to perform certification check #4, reference oscillator at 20MHz plus or minus 1kHz. Also, on both certificates signed by Steen Nicholson and Anthony Hillock they state that "on the date indicated in Exhibit "A" which follows, each SMD was tested under the direction of a certified SMD expert." Pursuant to IRLJ 6.6b in order for a certificate to be admissable in court in lieu of expert testimony, the certificate must be substantially the same as the one that is stated in IRLJ 6.6b. IRLJ 6.6b states "On____(date) testing of the SMD's was done under my direction." In this case, the certificates state that it was done under the direction of a certified SMD expert. It doesn't state that either of the SMD experts were even present or supervised the testing of the SMD's. Furthermore, I looked up the Kustom Pro Laser III LIDAR #L-1346 with S/N PL23650 and it was tested by someone with initials 'GWH.' I see no certificate provided in the discovery process or anywhere for that matter, that has the name of someone with those initials. I don't know this mystery person's qualifications, what makes him a "certified expert" and qualified to calibrate SMD's as each SMD expert certificate states. Am I right in my thinking? Doesn't there have to be a certificate for this person with initials GWH in order for them to certify that the SMD was properly functioning? Can an SMD expert testify through their certificate to a calibration done by someone else, when they never state they were supervising the calibration?