My question involves a speeding ticket from the State of: washington. I recently received a ticket and and am challenging the ticket. I received discovery and the officer wrote the following:
I observed the defendant approaching my location in excess of the __60__MPH posted speed limit, I obtained a ___77__MPH reading on the defendant’s vehicle at the distance of __764__ feet. The Kustom Pro Laser III SMD, #L1130 has been certified by the factory and State Patrol Technicians and found to be in proper working order. On the day the above mentioned speed was obtained on the defendant, I checked the accuracy of the SMD by: (1) internal self diagnostic test, (2) scope alignment test, and (3) the fixed distance/zero velocity test at __100__ feet prior to the beginning and at the end of my shift. I have been trained in the use and operation of the SMD device.
My question relates to the fact that the officer stated that I was "approaching my location" however the officer was behind me on the freeway and i couldnt possibly have been approaching his location. The officer was not situated on the side of the roadway. Do I have a valid issue to ask for dismissal?