Speeding Ticket with a SMD (Speed Measuring Device)

[JeffElegal08]

My question involves a speeding ticket from the State of: WA
I received a recent ticket whereby I would like to subpoena the SMD expert, Device and police officer and his notes. How do I do this?

The speeding ticket was written for 'only five over' but in the speed are it refers to 51 in 35.

The comments are:
The ticket is written for 'only five over' $113 penality.

If challenged, and since it is 16 mph over could it be charged for reckless driving?

I do not believe I was going this fast, and the sherriff was coming in opposite direction then whipped around to get me and write a ticket.

Any help would be appreciated.

KR,
Jeff

[blewis]

OK, a couple of things to keep in mind. First of all, the officer has already given you a break -- the judge will also know that when he/she looks at the ticket. Second, if you subpoena the officer, the officer may ask to court to amend the ticket -- from 6 over to 16 over. And, yes, they can do that -- see IRLJ 3.1 (c). That will increase your fine to $175.

Note that the charge cannot be amended to a "different" or "additional" offense, so you don't have to worry about reckless driving.

Third, what, exactly, do you plan to ask an SMD expert? I can tell you from experience, that these guys are GOOD! They have been to court MANY times and know precisely the right answers. Unless you're a radar engineer (or plan on becoming one in the next few weeks), you've got NO chance of tripping one up.

What I would do is ask for a contested hearing. Then I'd submit a discovery request. You will then receive a copy of the officer's sworn statement (along with another copy of the citation). Check the "filing" date on the citation. If it's not within 5 days of the issuance of the ticket, you can ask for a dismissal pursuant to IRLJ 2.2 (d).

You will also receive (or be told where to find) the SMD certificate (see IRLJ 6.6) -- you may have to go to the court to view it. Check everything for consistency -- if you find something, you've got a good chance of getting off. Remember the officer will not be there unless you issue the subpoena, so there's no one who can correct an inconsistency. If you don't find anything, you can always ask for a deferral or change to a Mitigation hearing and go for a reduced fine.

If you insist on issuing the subpoenas, they are governed by IRLJ 3.1 (a).

Good luck,
Barry