Re: Washington State Speeding Ticket - First One - Need Ideas
Well, here's what I advise if you're going to contest it:
I'd start with IRLJ 2.2.
If it doesn't work, make a motion to dismiss as there is an indefinite time as to when the device was tested. How long before and after the stop?
If that doesn't work, try your idea of the hearsay argument - we don't know who tested it.
If you're still stuck, make an argument about the location of the officer. The officer never indicates his location, so how do we know if there were any cars in between you and the officer?
If you're still swinging, make an argument about the distance not being recorded. Was it more than the Prolaser III can handle or could it possibly have been less?
If you are still not getting anywhere, make an argument that the officer never indicates how it was internally and externally tested. Were all the recommended tests per the manufacturers instructions performed, or was only one test done?
And if you're still unlucky, I would argue and ask the judge if a boiler plate affidavit like this one violates the idea behind IRLJ 3.3(c).
Then, if you still need a home run, go with the Bellevue v. Mociulski argument.
"A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost