My question involves traffic court in the State of: Washington (WA)
Expert Law Gurus,
I've read and followed the directions on Barry's Washington State sticky and now need some direct help.
I was driving down I-90 on a trip from the Seattle area to Spokane when I received a 10 over speeding ticket outside Ritzville. Honestly, I doubt I was going much over the speed limit. Maybe a little over, but you know.. there wasn't a car in sight and it was a huge straight stretch; I may have strayed a bit from 70 without thinking about it. Certainly not anything most people would consider unsafe. Even my wife as a passenger agreed with me about how ridiculous the ticket was (a rare event).
Here is the timeline so far:
- I was polite with the officer and promtly sent the ticket in for a contested hearing
- They sent back an appropriatly timed contested hearing date but I wasn't able to make it that day
- I asked for a continuance in a simple letter and recieved a new hearing date
- I then sent in Barry's request for discovery materials with the exact items listed on his form
- They pushed my hearing date back again since, according to the clerk over the phone, now the prosecutor had to get involved
- I recieved a packet with the exact contents shown here: http://dl.dropbox.com/u/29029872/Unt...cted_Small.pdf
- I am posting this now for your review and advice
A couple of points of potential interest:
- I sent three copies of the request for discovery materials form and requested in writing that I get one back with a time stamp from the clerk and another back with a time stamp from the prosecutor's office. I received none back.
- Is that boilerplate "Laser Speed Affidavit" the same as the officer's sworn statement? Can this be used?
- The letter indicates that I simply stated "ok". That seems overly vague to me.
- I cannot deffer as I have done so in the past 7 years.
Thanks for your help,
Note: The above pdf is compressed but I can supply the larger one if it is illegible.
- - - Updated - - -
I think I found something:
The latest calibration certificate as well as the service record for that SMD tag number (L12708) states a different serial number than in the officer's affidavit. Can I argue that since there is no device described in the affidavit in existence then it is then impossible to properly calibrate it? Or should I go with it being impossible to prepare a defense since I cannot verify that the device is calibrated correctly? See documents in the links below in conjunction with my above scanned document.
Service Record: https://fortress.wa.gov/wsp/smdsearch/Archives/L1278.pdf
Also, the affidavit says the officer was operating the device while the target we receding and the then the "Laser SMD showed a visual speed display of 80 MPH". The documentation for that device says that for a receding target the display should indicate a (-) speed. Can I use this if the above point doesn't work? Perhaps argue that the device must have been calibrated incorrectly if the officer's statement is correct since it did not give a negative speed for a receding target?
Next, the service record linked to above ends in 2011. Is the rest somewhere else? Should I request it or is this something I can use?
Any advice would be helpful. Aside from overcoming this one incident, I really would like to learn more about the subject in general.