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  1. #1
    Join Date
    Mar 2012
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    12

    Default Speeding Ticket in Washington

    My question involves traffic court in the State of: Washington
    I just received my discovery materials today and the infraction was February 16,2012 and the date for filing in the court was February 23, 2012. Is that within the 5 day period for filing? Do I include the day of the infraction or after? Also the officer sworn statement said this, "O passed me at a high rate of speed south I-5 from Michigan Street I first obtained reading of O and a blue Subaru in excess of 85MPH in a 60MPH zone with radar (I can not read the device number) in rear mode. O and blue Subaru sped past me and continued high rate of speed. I followed and paced as both vehicles matched speed>"
    He did not sign the bottom of the statement. Is there there for the case to be dismissed?

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
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    3,576

    Default Re: Speeding Ticket in Washington

    Quote Quoting xzibit3452
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    My question involves traffic court in the State of: Washington
    I just received my discovery materials today and the infraction was February 16,2012 and the date for filing in the court was February 23, 2012. Is that within the 5 day period for filing?
    Yes, it is EXACTLY 5 "court" days. Oh, it's not an "O", it's a "delta" ( triangle shape -- meaning "defendant"). As far as the officer's signature, does it say he entered his userid and password to authenticate it? If so, it's as good as signed. If not, move to suppress the statement as it is NOT a "sworn" statement.

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

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
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    5,276

    Default Re: Speeding Ticket in Washington

    Did he say he trained to do pacing? If not, his measurement mea.ns nothing

  4. #4
    Join Date
    Mar 2012
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    12

    Default Re: Speeding Ticket in Washington

    So I can motion for dismissal with irlj 2.2d?
    Where would I find if it says he signed with userid and password?

    Can I also make a motion for dismissal saying that the officer did not state that the SMD was in proper working order and was not checked before and after stop? Would I be able to ask any dismissal because there is nothing stating the officer is certified or trained to use the SMD?

  5. #5
    Join Date
    Mar 2010
    Location
    Snohomish, WA
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    1,200

    Default Re: Speeding Ticket in Washington

    Quote Quoting xzibit3452
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    So I can motion for dismissal with irlj 2.2d?
    No. They filed within 5 business days - on the 5th business day.

    Where would I find if it says he signed with userid and password?
    Right at the bottom of the statement.

    Can I also make a motion for dismissal saying that the officer did not state that the SMD was in proper working order and was not checked before and after stop?
    Absolutely, and you should move for dismissal on that, if it's missing. It MUST be established that it was in proper working order before use. If the officer fails to state that HE tested the unit, how he tested it, when he tested it, and what the results of those tests were, then it has not been proven reliable.

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
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    3,576

    Default Re: Speeding Ticket in Washington

    Yeah, except that he states the AFTER using the rear antenna of the RADAR, you passed him. Then he PACED you. Look, we're just speculating. Why don't you post your discovery materials so we can take a look. Then we won't have to guess....

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

  7. #7
    Join Date
    Mar 2010
    Location
    Snohomish, WA
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    1,200

    Default Re: Speeding Ticket in Washington

    True. I did notice something that could still be an out, but alas, we do need to see exactly what is there.

  8. #8
    Join Date
    Mar 2012
    Posts
    12

    Default Re: Speeding Ticket in Washington

    I was going to but my scanner did not work.

    Be even though he paced me he never stated what speed he paced me at or of his spedometeter was calibrated also.

    What kind of out do you see speedy Gonzalez?

  9. #9
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Speeding Ticket in Washington

    Quote Quoting xzibit3452
    View Post
    I was going to but my scanner did not work.

    Be even though he paced me he never stated what speed he paced me at or of his spedometeter was calibrated also.

    What kind of out do you see speedy Gonzalez?
    The calibration is good to argue .. the speed he paced me at? not so good --- focus attention to actual defenses

  10. #10
    Join Date
    Mar 2010
    Location
    Snohomish, WA
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    1,200

    Default Re: Speeding Ticket in Washington

    How about a picture, legible of course. Put it into a paint program and blank out your info and the last 4 digits of the citation number.

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