Preparing a Speeding Ticket Defense

[BBQManic]

My question involves traffic court in the State of: Washington, Bellingham Municipal.

The offense: Officers statement on back of ticket states 48mph in a 35mph, but he wrote it for 45. His notes indicate "Sped up to make yellow light"

I've received the officers statement & the city's expert boiler plate SMD certification (Stalker DSRM) from the B'Ham city attorney. It looks as if the certification was 11 months.

The ticket has a boilerplate statement:
"At the time of the reading, I was operating the Traffic Radar Unit properly. I checked the calibration of the unit before and after the reading on the defendants vehicle by the use of the internal checks and the use of two tuning forks and found the units to be operating properly. I have successfully completed a Washington State Criminal Justice Training Commission approved course on the operation and use of Police Traffic Radar and have received instruction in the use of the radar unit used."

I, for a number of reasons, do not believe I was travelling at that rate of speed. (If there was any doubt in my mind it would certainly be cheaper to defer & pay the $125 ticket rather than fight from 2hrs away in Seattle). However, I get the feeling that is what the officer may have been thinking as well.

I have a second appearance in two weeks. The first was kind of hokey because I did not follow procedures. I had requested, via fax to the clerks office, 14 days prior to the court date the officers ticket & all witness statements, radar id & certification info, training records & manual. Also requested the officer & technician present (this was at the direction of the court clerk). I recieved nothing. Showed up at the contested hearing & had the PA tell the judge/magistrate/commissioner that even though the clerk date stamp shows received 14 days prior, his office only received the request three days before, and persuant to RCW such & such it was not a valid Subpeona for the Officer, nor discovery. The PA indicated he would provide the ticket info and Cert data, but that was all he was required by law to do. (However three later in the mail I receieved the ticket & cert statement)

When I asked about getting the maintance/tech manual, training records or other data I got a feeling there was a way to do it, however neither the PA or magistrate were going to share.

Does IRLJ 6.6 apply?

Is a Freedom of Information Act request applicable?

Should I subpeona the Officer & have my witness & I testify that I was not going 48 or 45 in a 35?

Not sure which way to go. Sorry for being long winded.

[blewis]

Does IRLJ 6.6 apply?

Of course it does. All of the IRLJ's apply. What makes you think it does NOT apply? Do you have a "specific" question about IRLJ 6.6?

Is a Freedom of Information Act request applicable?

Yes it is, but I'm not sure what good it will do you. What do you hope to get through an FOIA request? To whom will you make your request? How soon do you think you'll get answers?

Should I subpeona the Officer & have my witness & I testify that I was not going 48 or 45 in a 35?

If you think that will result in a dismissal, sure.

Barry

[BBQManic]

Can I send you a PM?

[blewis]

Yes, and thanks for asking.

Barry