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  1. #1
    Join Date
    Dec 2011
    Posts
    22

    Default Speeding Ticket Discovery in Washington State

    Heres the discovery to a ticket in WA state. Any ideas anybody?








  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Speeding Ticket Discovery in Wa State

    Fixed zero test? No delta distance test for this unit? Certified for accuracy by who? Does not say it was calibrated. Does not say the visible display was actually from your vehicle's measurement. And 1300+ feet? Seems awful far...near the edge. Never says he did anything per manufacturer's recommended methods.

    I would call the DA or police and ask to see the range they use to test their distance testing, the manual for the LIDAR device, view the device & inspect it for damage..this is allowed under the "investigation" section of the discovery rules.

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,203

    Default Re: Speeding Ticket Discovery in Wa State

    The only thing that jumps out at me is the officer’s statement says the LIDAR accuracy checks “were performed.” It does not say who performed them. Technically, since the tester is not identified, the trooper’s statement that the LIDAR “passed” the tests is inadmissible hearsay. However, from other posts here, it seems like this is a hit or miss issue. If you raise the issue, the judge may simply ask the trooper, “Who performed the tests?” If the judge allows the trooper the opportunity to testify that she performed the tests herself, it is no longer hearsay.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  4. #4
    Join Date
    Dec 2011
    Posts
    22

    Default Re: Speeding Ticket Discovery in Wa State

    That's exactly what I was just reading about. If the officer doesn't show up, I think that this guy would have a good chance of dismissal based off of that sworn statement (not my ticket).

    I also found the first maintenance log doesn't show a frequency for the laser gun.
    https://fortress.wa.gov/wsp/smdsearc...ionDisplay/122.

    However, the latest maintenance log does in fact show a frequency.
    https://fortress.wa.gov/wsp/smdsearc...onDisplay/2065

    I think if he can't get off based on the hearsay argument than a continuance for a real lawyer is his way to go.

  5. #5
    Join Date
    Apr 2010
    Posts
    238

    Default Re: Speeding Ticket Discovery in Wa State

    "...display of 81 mph at a range of 1310 feet, and that the vehicle was my position."

    The trooper is evidently a fine shot if she tracked you at nearly a quarter mile! Was the vehicle she tracked yours? Was it receding or approaching the trooper's position? Not clear from the sworn statement. Those are the flaws that I see.

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