How to Use Discovery to Prepare a Ticket Defense

[ineedplez]

My question involves a speeding ticket from the State of: Washington

City of Mukilteo.

I've recieved my discovery request. My court date is scheduled May 4th. I am trying to prepare for my case. Can you guys please help find any discrepancies? Do I have a case? Where can I find whether the officer was stationary or moving?

[ineedplez]

The officer doesn't mention the distance of the speed estimate. Does this matter? Secondly, he doesn't mention how the device was calibrated or tested. Does anyone have a manual for Decatur Genesis Directional HH (GHD-03609)?

Thanks

[blewis]

1) The officer does not state that the unit was tested -- at ANY time -- let alone before and after the stop (cite Spokane v Knight).
2) The officer does not state that the RADAR unit was in proper working order at the time of the stop (also Knight).
3) The officer does not state that he made a visual estimate of the vehicle's speed -- only that he observed a vehicle "travelling at a high rate of speed."
4) The officer does not state that the RADAR reading corresponded to his visual observation.
5) Because of 3) and 4), the officer did NOT create a "tracking history". Therefore, the device was NOT properly used.
6) The officer NEVER mentions his training or experience with using this RADAR, nor with traffic enforcement in general. Even the calibration certificate states "it will give accurate measurements of the speed of motor vehicles when properly calibrated and operated by a trained operator". There is NO EVIDENCE that this officer was a "trained operator".

There are more, but those should suffice.

Barry

Oops. Just saw the "CALIBRATION CHECKED" at the top of the report. So ignore #1. But, yes, you can add that he does not state HOW the unit was tested, nor whether it "passed" those tests.

[ineedplez]

Thank You Barry. I'll post the results.

[ineedplez]

Here’s my plan of attack. Before the trial I'll try to find the prosecutor change the violation to a non-moving traffic violation and if he/she agrees I’ll pay it and move on. Otherwise, I'm going with the case.

When I get sworn-in and trial begins. Here’s what I’m going to say.

“Your Honor, I move to suppress any evidence of speed based on lack of foundation:

1) The officer does not state that the RADAR unit was in proper working order at the time of the stop (in the case of Spokane vs Knight 1917).

“Speedometers, like other machines, may get out of order, but where they are tested regularly, they may be relied upon with reasonable certainty to determine accurately the rate of speed at which a machine is driven.”

In his report, officer failed to mention whether the RADAR unit was in proper working order at the time of the stop.

2) The officer does not state that he made a visual estimate of the vehicle's speed -- only that he observed a vehicle "travelling at a high rate of speed."

3) The officer does not state that the RADAR reading corresponded to his visual observation.

4) Because the officer did not make a visual estimate nor that the RADAR reading corresponded to his visual observation, the officer did NOT create a "tracking history". Therefore, the device was NOT properly used.

5) The officer NEVER mentions his training or experience with using this RADAR, nor with traffic enforcement in general. Even the calibration certificate states "it will give accurate measurements of the speed of motor vehicles when properly calibrated and operated by a trained operator". There is NO EVIDENCE that this officer was a "trained operator".

If granted, I'll move for a dismissal.

[ineedplez]

I had my hearing today, I could not find the prosecutor, so plea bargain wasn't an option for me. I decided to contest. My case was about the 9th case and there were approximatley 20 people in there. None of these cases were dismissed except for 2. Most of them were reduced fines.

Anyways, after being sworn-in. My knees shaking. Here’s what I said.

“Your Honor, I move to suppress any evidence of speed based on lack of foundation:

1) The officer does not state that the RADAR unit was in proper working order at the time of the stop (in the case of Spokane vs Knight 1917).

He smiled and said Mr. XXXX I'm going to dismiss your case. Officer made lot more errors than that.

I said Thank You your honor and left took less than 5min. I believe it was Judge Fisher at Everett District Court.

The very first case involved a young lady, looked like she was 16-18 yrs old. Her mom was sitting in the back. The judge looked at her and said I going to give you a chance to defer this ticket, and if you accept and have a clean driving record for a year, it'll be dismissed. Do you accept? It sounded like a yes or no question. She said your honor I swear I didn't speed. He pasued and said I need to raise your right hand blah blah blah. After being sworn-in, the Judge said, please explain. She said, "I swear your honor I didn't speed, I was making a right turn was going straight, did not speed whatsoever, I swear."

That's all she said.

He looked at her for a minute and looked like he was giggling. Trying to keep a straight face, smiled and said I'm going to dismiss your case. I was like "oh my god, no, he didn't." I think judge gave her a break because she was cute. But every case after that not so lucky. But looked like these guys were happy with their reduced fine.

Thanks Barry Case Dismissed

[blewis]

Well, congratulations! I know what you mean about the knees shaking....

Way to go, and thanks for letting us know the result,
Barry