My question involves a speeding ticket from the State of: Washington
I am in a similar situation as the member in this thread.
I received a citation for 50 in a 35 on 2/5/2011 @ 2132hrs according to officers statement
I have my discovery but don't know what I am looking for in the discovery to ask for dismissal.
Sworn statement from officer;
I am trained and certified to operate the below listed SMD (radar) in the state of Washington.
He states he was using MPH Python SMD #xxxxx radar
His patrol car was moving and unit was in moving mode
Checked for calibration internally and externally before and after shift using tuning forks #xxx and #XXX designed for radar to determine accuracy and functionality and test showed unit was working properly before and after stop with defendant.
He stated the the Doppler audio signal emitted was consistent with his visual observation (that I was approaching rapidly) and the visual readout on the radar and that he confirmed that the speed of his patrol car speedometer was consistent with the speed on the moving radar.
I do have the SMD cert that states CAL interval as 12 mos and that the unit was tested and certified on 8/2/2010 with a due date of 8/2/2011
All the serial numbers match between the cert and the sworn statement for unit and tuning forks
There is an error in his sworn statement.
He stated he was using the unit from MPH and model being Python.
The certification is for a MPH Python II.
He states he is trained and certified for below unit MPH Python but he in fact used the MPH Python II which he did not state he was trained and certified for.
Do I have any arguments?
Did he perjure himself by stating he used the wrong model?
Do I have a case to dismiss based on the fact he did not state he was trained and certified to use the SMD model that was used to determine my speed.
There is no statement that he asked how fast I was going or that I told him I was speeding it just states he asked for my DL, reg and insurance nothing saying I admitted to any speed or infraction.
The only other error I have found is that he states my WDL (lets say my name is Robert Jones for this part)
identifies me as RO, JONES with the mistake being I am ROBERT, JONES not RO, JONES
I read somewhere on the internet that you should request the Departments FCC license to operate a radar unit which I included in my discovery but it was not provided.
Does anyone know if this is required?
I hand delivered my discovery to the court clerk , they stamped it received (after I requested) and I obtained a copy. I don't think there will be a prosecutor in court as the judge act on their behalf in the state of Washington so I did not deliver a discovery request anywhere else and the clerk provided me a copy of the ticket, the sworn statement and the SMD cert but I didn't see a filing date just the date on the sworn statement of 2/6/11
Any help would be much appreciated.
I summarized a little so if you need any more details I will be happy to oblige.
Robert Smith uh I mean Jones.