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  1. #1
    Join Date
    Apr 2011
    Posts
    26

    Default How to Appeal a Speeding Ticket Conviction

    My question involves traffic court in the State of: Washington
    so received a speeding ticket in a 60mph zone. WSP clocked me going 73mph.
    However he wrote it for going 65+. I have got my discovery with smd report.
    Any help would be great.
    here is a link to my Discovery.
    https://plus.google.com/photos/10136...68961960175889

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,375

    Default Re: Speeding Ticket in State of Wa

    If you can rescan your documents (including the NOI) with more resolution, we can take a look. I cannot read the documents as posted -- way too "fuzzy".

    Barry
    Where am I going? And why am I in this handbasket?

  3. #3
    Join Date
    Apr 2011
    Posts
    26

    Default Re: Speeding Ticket in State of Wa

    Barry.
    Here is another link to the Discovery.
    Any ideas?
    http://s33.photobucket.com/albums/d5...rox/goddamnit/

  4. #4
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,159

    Default Re: Speeding Ticket in State of Wa

    Hmm... the officer's statement seems fairly solid from what I can see.

    About the only thing I can come up is this: Why is the LIDAR cert log signed by AFH (Anthony F Hilcock) on 6-3-2010, and again on 2-8-2011 if the "official" certification document clearly states that the certifying official is Steen R Nicholson? Hmm... they are THE two guys that do RADAR/LIDAR certification for the state patrol, but Steen R Nicholson claims to be the certifying official under penalty of perjury, yet Anthony F Hilcock initialed the attached calibration log.

    Barry? Brendan? What say you? Think any judge would go for hearsay on the cert?

  5. #5
    Join Date
    Feb 2010
    Posts
    1,149

    Default Re: Speeding Ticket in State of Wa

    Personally, I would serve two different subpoenas. One for citing officer and one for officer operating the SMD. And they would both be served at exactly 7 days before the hearing. But that's just me. Barry would probably do otherwise.

    I would want to see if they were radio-ing to each other, or if they were right next to each other. What exactly was said over the radio, etc.
    "A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost

  6. #6
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,159

    Default Re: Speeding Ticket in State of Wa

    Quote Quoting BrendanjKeegan
    View Post
    Personally, I would serve two different subpoenas. One for citing officer and one for officer operating the SMD. And they would both be served at exactly 7 days before the hearing. But that's just me. Barry would probably do otherwise.

    I would want to see if they were radio-ing to each other, or if they were right next to each other. What exactly was said over the radio, etc.
    I wondered about that "Trooper Olson contacted the driver of the vehicle" line. Is the LIDAR operator and citing officer not the same person here?

    jl8196, can you confirm if there were two officers involved? Does the signature on the citation have the same badge number?

  7. #7
    Join Date
    Apr 2011
    Posts
    26

    Default Re: Speeding Ticket in State of Wa

    There was only one officer who cited me the ticket. He was on a motorcycle.

  8. #8
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,375

    Default Re: Speeding Ticket in State of Wa

    Please post a copy of the Notice of Infraction so we can see the signature. Redact your personally identifying information.

    Barry
    Where am I going? And why am I in this handbasket?

  9. #9
    Join Date
    Apr 2011
    Posts
    26

    Default Re: Speeding Ticket in State of Wa


  10. #10
    Join Date
    Apr 2010
    Posts
    238

    Default Re: Speeding Ticket in State of Wa

    Wow! Same trooper tagged me at the same location on 04/01/10 using the same LIDAR unit. It'a a popular spot for them as you come around the bend from under the overpass the MC trooper laser tags you from the center median and waves you over. It's a "well known" trap just as you are about to leave WA heading south into OR. Only difference is you were heading northbound. So you must have been coming up from Oregon in the inside lane with all the other traffic on the Glenn Jackson Bridge?

    I fought mine in court and prevailed. The judge asked me how I wanted to proceed. I stated that I did not commit the infraction. The judge asked me to continue. I stated that the officer's sworn affidavit contained no information on traffic conditions, weather, or the exact location of the trooper when he observed me. I also stated that it was unlikely that the trooper was able to see around a curve, over a small rise, and through all the other traffic between my car and his position in the center median. The judge said he did not believe that my speedometer or cruise control setting was accurate but the lack of detail in the trooper's sworn affidavit was enough to sway his decision to my favor.

    A picture of mine;


    And a picture of yours;

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