Page 1 of 2 1 2 LastLast
Results 1 to 10 of 19
  1. #1
    Join Date
    Sep 2009
    Posts
    24

    Default Caught Speeding by Airplane in Washington State

    I was caught doing 84 in a 70 on I5 south near woodland (mile22) by an airplane.

    the courts have their ducks in a row, they've sent me both officers statements, stopwatch calibration, flight log, pilot course cert, and roadmarker calibration check all without a discovery request.

    The only possible defense I see is the roadmarker calibration (distance check) was done on 2/23/2006. I have found this article from wsdot website: http://www.wsdot.wa.gov/News/2007/08...zRutRepair.htm which says there was a large repaving project done in this area on 8/2/2007 which included " guardrail installation, pavement markings, rumble strips, and signing work".

    I contacted the plan assistant engineer and he was unsure as to wether the ATS marks were repainted. Is this enough to argue out of date certification on the road markers and move to supress the pilots statement?

    Thanks in advance for your help

  2. #2
    Join Date
    Oct 2008
    Posts
    276

    Default Re: Speeding Caught by Airplane Washington State

    you know. i would like to add some insight on this one as well. I am sure we can come up with something!!!!

    Would you be willing to share the "evidence" in question?

    And not to mention, this is the 1st time i have seen someone post in Wa that was nabbed by an airplane!!!! lets see what we can do!

  3. #3
    Join Date
    Sep 2009
    Posts
    24

    Default Re: Speeding Caught by Airplane Washington State

    Absolutely, I will share any documents in regards to this ticket I plan to file for discovery on monday just to be sure I have all of the most recent documents from the state, but I should be able to acsess a scanner on monday or tuesday so the files can be easily shared by email. Incidently my court date isn't untill 1/5/2010.

  4. #4
    Join Date
    Oct 2008
    Posts
    276

    Default Re: Speeding Caught by Airplane Washington State

    do you have access to fax?

  5. #5
    Join Date
    Sep 2009
    Posts
    24

    Default Re: Speeding Caught by Airplane Washington State

    Can anyone answer this question for me my trial date is creeping up on me
    any help would be most appreciated

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Caught by Airplane Washington State

    Are you talking about the same ticket that Cole sent me a copy of over a month ago? If so, it appears that it was "received" on Oct 26 and "filed" on Nov 2 -- both dates are over a month after the alleged infraction. If that is, indeed, the case, move for dismissal pursuant to IRLJ 2.2 (d). If it's not the same ticket, then what is it exactly you want to know?

    Barry

  7. #7
    Join Date
    Oct 2008
    Posts
    276

    Default Re: Speeding Caught by Airplane Washington State

    i dont know that that is the filing date.....it looks like the stamp on it is from when it was recieved by the WSP (the request for info)

    Call the court and verify when the NOI was filed with the court. if it was outside of the requirements that barry mentioned above move for dismissal under 2.2d

    but here is what i would do.

    I would motion the judge immediately upon being called to surpress the stopwatch certification as it is not properly sworn pursuant to rcw 9a.72.085 (there is no affirmation statement ie. i certify under the penalty of perjury under the laws in the state of washington) which is required for affidavits/declarations to be considered in a hearing as sworn testimony. when the judge grants your motion, then ask him to dismiss the ticket as there is no indication that the stopwatches on the speed affidavit are in fact accurate or were in proper working order, leaving a significant margin of error for the speed that was allegedly obtained.

  8. #8
    Join Date
    Sep 2009
    Posts
    24

    Default Re: Speeding Caught by Airplane Washington State

    The actual NOI was filed within 5 business days. Those dates were indeeed for the request of info from the pilot. Also I noticed that the stopwatch cert does begin with I ... certify under penalty or pejury etc. Both officers statements include the statement as well.

    My question is, if the survey date of the road markers (2/23/06) is too old to be considered accurate, and if not than is the article linked to in my original post from WSDOT describing roadwork in the area including work in the shoulder in 2007 enough to cast resonable doubt as to the accuracy of the road marks making everything else hear say?

    Thank you both for your time and effort I want to assure you it is greatly appreciated.

    Sean

  9. #9
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Caught by Airplane Washington State

    Sean, I don't know how successful you'll be questioning the ATSM certification. It's not like the marks have "moving" or "electronic" components which can go out of calibration. Even if they were repainted, as long as they were painted directly over the previous marks (first you'd have to PROVE they were repainted and then you'd have to PROVE that they were not directly over the previous ones), that's probably good enough.

    One thing I noticed was that your ticket was issued in September, yet the stopwatch calibration is from October -- about a month AFTER your ticket. You might want to question the LACK of a valid certificate for the timeframe of your ticket.

    Barry

  10. #10
    Join Date
    Sep 2009
    Posts
    24

    Default Re: Speeding Caught by Airplane Washington State

    I had noticed that also but in the body of the letter it actually says they were calibrated on 4-16-09

    I guess I'm about out of options, at this point i may subpoena everyone i can just to make sure it costs the state more than $113 to collect my $113. So on that note can i subpoena Gary Weiss who operated the DMI to calibrate the road markers? The reason I'd like to is that he says he's a "representitive of the WSDOT" which makes him sound to me to be an outside consultant who is A) expensive and B)less likley to show up in court. His letter is also the only piece of evidence not recently obtained which could lead to difficulties tracking him down.

    thanks,

    Sean

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Speeding Tickets: Airplane Speeding Ticket in Washington State
    By mjeffery in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 06-09-2011, 06:12 PM
  2. Speeding Tickets: Speeding Ticket by Airplane
    By Ohiomedic in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 04-24-2011, 10:48 PM
  3. Speeding Tickets: Airplane-Based Speeding Ticket in Washington
    By brygx in forum Moving Violations, Parking and Traffic Tickets
    Replies: 12
    Last Post: 04-12-2010, 08:03 PM
  4. Speeding Tickets: Washington State Driver Caught Speeding in Ontario
    By deki in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 06-12-2007, 07:31 AM
  5. Retail Fraud / Shoplifting: Caught shoplifting in Washington state
    By firstpogo in forum Criminal Charges
    Replies: 6
    Last Post: 12-09-2006, 07:12 AM
 
 
Sponsored Links

Legal Help, Information and Resources