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  1. #1
    Join Date
    Jun 2011
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    1

    Default Should You Subpoena the Police Officer to a Washington Ticket Hearing

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

    While driving on I-5 south (Snohomish County) in April, 2011. I was cited for driving 80 MPH (20 over 60 MPH). I'm sure my vehicle was travelling nowhere near this speed. The officer asked me "Where are you going in a hurry?" or "Are you in a hurry to get somewhere?" I responded "No(where), just heading home." When asked for ID/insurance, I was nervous and fumbled while handing them over, wherein I said "I'm not having a very good day today." He never asked if I knew how fast I was going." He later returned with my paperwork and said "20 over will get you a ticket every time. Here are your options..."

    I contested the hearing and requested Discovery from the prosecutor and was sent a copy of the "Washington State Patrol LIDAR SMD Case Report" (the Officer's sworn statement).

    The contested hearing date is set for later in June.

    At a glance, the Statement looks succinct and tidy, albeit a bit boilerplate. His "Comments: The defendant acknowledge speeding and said that he wasn't paying attention." are a total fabrication.

    At the location cited, I-5 has 4 lanes (HOV and 3 GP lanes), plus a lane for traffic merging SB from 164th ST and exiting to SB I-405. Which lane is "lane #1"?
    I'm seriously questioning whether my vehicle is truly the vehicle the officer's SMD was pointed at, despite his bogus claim of being 100% sure.

    I'm looking for the best advice for defending against this ticket.
    * Should I Subpoena the WSP officer?
    * Anything else?

    FYI - I have already read most FAQs and related posts here.

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