LIDAR Ticket King County, Washington

[Speedy Gonzalez]

Go to the court and get a copy. It will be on file. If it is on file with the court, then the prosecutor has no obligation to provide it to you.

You actually don't even need to do this... here is what SHOULD be on file...

https://fortress.wa.gov/wsp/smdsearc...tionPrint/1767

[bahl]

Here is a link to the cert. on my LIDAR. Is there anything here that is worth presenting?

https://fortress.wa.gov/wsp/smdsearc...tionPrint/1767

Go to the court and get a copy. It will be on file. If it is on file with the court, then the prosecutor has no obligation to provide it to you.

You actually don't even need to do this... here is what SHOULD be on file...

https://fortress.wa.gov/wsp/smdsearc...tionPrint/1767

I have court Thursday and want to make sure I making the proper motion. As per BrendanjKeegan, I am using the following argument, "Your honor, the officer states that the device has been checked for accuracy but does not state the results of these checks. I move to suppress the speed reading and dismiss as there is no statement from the witness as to the accuracy of the device."

Do I make this motion prior to the prosecution presenting their case? Also, the clerk informed me the Prosecutor usually confers with the defendant before the trial. Should I inform the PA of my motion before the trial. Finally, I'll be in front of Judge Green out of Renton who is filling in at Issaquah. Any tips greatly appreciated.

[blewis]

DO NOT inform the prosecutor of your motion. The PA probably wants to offer you a "plea bargain" (such as, plead guilty to a cell phone violation, which does not go on your record). If it were me, I'd probably take the deal -- your motion is NOT very strong -- but that's just me. Personally, I don't know anything about your judge. Brendan may, so I'd listen to his advice.

Barry

[Speedy Gonzalez]

If it's La Salata, he eats the no results argument up. And you don't need to get too complicated.

Verbatim the argument I had my wife use in front of La Salata:

"Your honor, I move dismissal. While Officer Sloppy states that s/he tested the LIDAR, Officer Sloppy never gives the results of those tests."

Something else I just noticed about your ticket. You made the same assumption on the LIDAR's tag number that I did. Is it 4169 or L1169? Could be either if you compare the Notice Of Infraction and the sworn statement. Sure looks like L1169 on the NOI, and 4169 on the statement. Well, Officer Sloppy, which one was it? Compare the other 4 on the NOI to the "LI" on the affidavit. Looks really close to me. If you can convince the judge (who is not a handwriting expert, s/he's a judge) that it is "4169", then there is no such device, and as such NO valid SMD evidence.

[bahl]

That's funny. Unfamiliar with the process, I went to the courthouse. Armed only with the statement, I spent an hour and a half looking through the sloppy 6 inch binder of speed gun certs. I was looking for 4169. Of course I never found it, and it was there I found out about the online record, and after looking at NOI, I realized L1169 is the true number.

Would I present this invalid SMD argument as a motion? Won't the prosecutor chime in that it is L1169? Or am I allowed to present my argument without interruption and the judge rules on it? Should I present the no results motion first and then try the invalid SMD number argument? Thanks

If it's La Salata, he eats the no results argument up. And you don't need to get too complicated.

Verbatim the argument I had my wife use in front of La Salata:

"Your honor, I move dismissal. While Officer Sloppy states that s/he tested the LIDAR, Officer Sloppy never gives the results of those tests."

Something else I just noticed about your ticket. You made the same assumption on the LIDAR's tag number that I did. Is it 4169 or L1169? Could be either if you compare the Notice Of Infraction and the sworn statement. Sure looks like L1169 on the NOI, and 4169 on the statement. Well, Officer Sloppy, which one was it? Compare the other 4 on the NOI to the "LI" on the affidavit. Looks really close to me. If you can convince the judge (who is not a handwriting expert, s/he's a judge) that it is "4169", then there is no such device, and as such NO valid SMD evidence.

[BrendanjKeegan]

Judge Green will accept this argument and dismiss. As per the prosecutor, I'd go ahead and let him know that you're making a motion to suppress the radar readings as the officer has not testified to the results of the accuracy checks. He normally agrees and won't object to that argument.

Before Judge Nathaniel Green you have a strong case. Treat both the prosecutor and him with respect and you're golden.

State cases in Issaquah are pretty funky. The prosecutor will let you bounce motions off him to see if he'll object. He'll pretty much be your judgment of how strong your case is.

As for Lasalata? ANY case is a strong case before Lasalata! Hahaha.

[bahl]

Dismissed, thanks for the help fellas. Interesting note- Judge Green is one of the most defendant friendly Judges I've ever seen. In a case prior to mine, the Judge basically made the defense's case, citing Bellevue v. Mociulski. This argument will always work with Judge Green. When my case was called, I notified the prosecutor I would be invoking the same argument, and he said he had no objection. Basically, the PA consented to dismiss.

Judge Green will accept this argument and dismiss. As per the prosecutor, I'd go ahead and let him know that you're making a motion to suppress the radar readings as the officer has not testified to the results of the accuracy checks. He normally agrees and won't object to that argument.

Before Judge Nathaniel Green you have a strong case. Treat both the prosecutor and him with respect and you're golden.

State cases in Issaquah are pretty funky. The prosecutor will let you bounce motions off him to see if he'll object. He'll pretty much be your judgment of how strong your case is.

As for Lasalata? ANY case is a strong case before Lasalata! Hahaha.

[BrendanjKeegan]

I haven't seen the Mociulski defense work in FOREVER! Interesting. Guess I've been in SnoCo for too long. Congrats.

[Speedy Gonzalez]

Very nice! Congrats!

I love it when I get a judge with their head screwed on straight.