Results 1 to 4 of 4
  1. #1
    Join Date
    Nov 2009
    Location
    Burlington, WA
    Posts
    2

    Default Errors in Officer's Affidavit

    My question involves a speeding ticket from the State of Washington:

    At our traffic court, the officer does not have to appear but he submits an affidavit which is all the evidence the commissioner gets from the prosicution.

    The issue on this affidavit is that the officer put down a location where he was parked and where the violation occured which is the wrong location by over a mile. This is somewhat important because we were on our way home and turn off the highway about 1/2 mile before the location that he stated all this occured. He fails to mention that he was working with another officer who had an unmarked car and his marked car was paralled and hidden behind it as he allegedly shot the laser which would have had to go through the unmarked car. He stated in the affidavit that he was sitting down at the time.

    It had been raining and all the windows were wet which means his laser, if it missed the officer, had to go through three windows in two directions at a range of 1200 ft. My guess, which I think I can prove, is that the other officer actually shot the laser.

    Do I have a case??

  2. #2
    Join Date
    Oct 2008
    Posts
    276

    Default Re: Errors in Officers Affidavit

    hmmm with the officer not required to be present and the court using his affidavit as testimony, you have an uphill battle. Its basically his word against yours if you are going to challenge what he has said in the speed affidavit...again, if he is not there you cannot cross examine his testimony. Only rebut your version and see if the judge agrees with you or the police officer.....Look through some of the washington posts on the board and see if any of them apply to your situation....

  3. #3
    Join Date
    Nov 2009
    Location
    Burlington, WA
    Posts
    2

    Default Re: Errors in Officers Affidavit

    My court hearing was last Friday.

    I presented strong evidence about the location which the Judge believed but said it was not relavent. I then presented proof that the laser would not work as the officer stated because it appeared that it was shot through the window of another unmarked car. I then presented proof that I was not pulling away from other vehicles as he stated.

    And at the end I stated that the only way any measurement could be made was by the other officer.

    The judge then said that my evidence was as strong as the officers and that he would give me the benefit of the doubt and he dismissed the charges.

    I thanked the judge and told him that I would donate dollars in the amount of the fine to the American Red Cross for the Haiti benefit. Needless to say he was surprised and thanked me for my move. Goodby for now.

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,576

    Default Re: Errors in Officer's Affidavit

    Nice job! You must have done some SERIOUS talking because in the cases I've seen the "benefit of the doubt" ALWAYS goes to the officer.

    Anyway, congratulations and thanks for letting us know.

    Barry
    Where am I going? And why am I in this handbasket?

    1. Sponsored Links
       

Similar Threads

  1. Discovery: Speeding Ticket With Partial Discovery, No Officer's Affidavit
    By xloggerx in forum Traffic Court
    Replies: 23
    Last Post: 04-04-2011, 03:29 PM
  2. Speeding Tickets: Finding Grounds for a Motion for Dismissal in an Officer's Affidavit
    By db.24 in forum Moving Violations and Traffic Tickets
    Replies: 13
    Last Post: 03-21-2011, 04:32 PM
  3. Speeding Tickets: Officer Didn't Sign the Affidavit, Didn't Have Time to Radar Me
    By TarekZ in forum Moving Violations and Traffic Tickets
    Replies: 9
    Last Post: 07-20-2010, 10:51 AM
  4. Speeding Tickets: RCW Reference for Execution of an Officer's Affidavit
    By kpud in forum Moving Violations and Traffic Tickets
    Replies: 7
    Last Post: 02-10-2010, 05:02 PM
  5. Can I Get an Affidavit from Officer
    By candlelight in forum Living in the Rental Unit
    Replies: 1
    Last Post: 01-15-2009, 06:06 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document