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  1. #1
    Join Date
    Jun 2011
    Posts
    3

    Question Whether to Go to Trial or Seek a Deferral

    This is the response I received from the Federal Way Municipal Court in response to my discovery request. Was tagged with LIDAR going 46MPH in a 35MPH zone by a motorcycle police officer. There was no speed limit posted and I don't have a front registration plate installed. His statement about pulling away from slower traffic isn't true, but that's just my word against his. Also, I'm scratching my head over the title of "LIDAR SMD Ticket Attachment" as opposed to a sworn affidavit from the officer. Other than that, I've got nothing... maybe you guys see something I don't? Might stop by to get the IRLJ 6.6 certification in the morning, but considering a deferral request as of right now.

    This is verbatim, including spacing errors and typos:

    ============================================
    Federal Way Police Department
    LIDAR SMD Ticket Attachment
    On May 04, 2011 at 0750, hrs, I was stationary near 400using a Pro-Lite Speed Measuring Device, serial number # LP03762. I observed the defendant's vehicle as it appeared to be going at a rate of speed in excess of the posted speed limit of 35 MPH. My visual observation of the defendant's vehicle speed and the digital display readout showing the defendant's speed to be 46 MPH at a distance of 531 feet were consistent. The defendant's vehicle was pulling away from slower traffic. I stopped the approaching vehicle and identified the driver as the person listed on the front side of this citation. There were/was no passenger(s) in the vehicle. Before and after my shift, I checked the Laser unit for proper operation through 1) an internal self-diagnostic test, 2) a scope alignment test, and 3) a fixed distance/zero velocity test from a marked distance and location (100 and 125 feet). The methods used showed that the unit was working properly before and after the stop of the defendant. I have successfully completed a Washington State approved training course in the operation of the Laser SMD. The Laser SMD was used from a stationary position.

    The following conditions were present at the time of the violation.
    Traffic: Medium Weather: Cloudy Street: Dry Light: Day

    Other violations present at time of traffic stop: (None Checked)

    Additional Comments:

    I certify under penalty of perjury under the laws of the State of Washington that all statements made herein are true and accurate and that I am entering my authorized User ID and Password to authenticate it.

    Officer X. Xxxxx ID # XX
    Federal Way, Washington
    ============================================


    Thanks guys!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Whether to Go to Trial or Seek a Deferral

    Quote Quoting malice9999
    View Post
    His statement about pulling away from slower traffic isn't true, but that's just my word against his.
    What about his statement that he measured your "speed to be 46 MPH"? Because that's the one that really counts.

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