Moving Radar from in Front in Washington
Hey all - I've been looking and reading all over the forum and I can't seem to find any valid arguments against this ticket. The only thing I might be able to use are;
1. he notes that I was both Passing and Not Passing another vehicle
2. the officer does not state how soon after and before he tested the radar
3. he doesn't note who is the manufacturer of the device ??
4. How can he note that I was doing (oddly enough) 2 MPH less than the radar's reading
5. Do radar devices require a particular distance as he does not note it here?
My fall back will be a deferral if I can't come up with anything.
TIA!
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Re: Moving Radar from in Front in Washington
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heed1515
1. he notes that I was both Passing and Not Passing another vehicle
Actually, it says that when he FIRST observed your car you were passing. At that time he "visually estimated" your speed. Subsequently, he activated his radar. At THAT time you were NOT passing another vehicle.
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heed1515
2. the officer does not state how soon after and before he tested the radar
He says, "before and after my shift". That's pretty definitive.
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heed1515
3. he doesn't note who is the manufacturer of the device ??
No, but you can find that when you go to court to inspect the radar certification (something I highly recommend doing).
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heed1515
4. How can he note that I was doing (oddly enough) 2 MPH less than the radar's reading
Not really relevant.
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heed1515
5. Do radar devices require a particular distance as he does not note it here?
Nope. It only has a "maximum" distance (usually around a mile).
Personally, I don't see much here. Perhaps you'll have more luck with the radar cert. Otherwise, as you pointed out, a deferral is looking more and more probable.
Good luck,
Barry
Re: Moving Radar from in Front in Washington
Also, I see possible issues:
Officer never stated that he tested or operated the RADAR unit per the manufacture's recommended methods ...
Officer did not say he paced the vehicle.
Officer did not say that he is trained to visually estimate speed
And the State of Washington did not train him; the state is not an expert in any of the methods listed - it is simply a corporation
His statement saying that "he was trained in the following devices" does not actually list any device in that paragraph ---
Nobody can be 100% certain ...
An good argument could be made that he actually measured his own moving vehicle too from the statements that he made
Re: Moving Radar from in Front in Washington
What about the fact that teh report didn't say anythinga bout whether the speedometer of the patro car was calibrated?
Re: Moving Radar from in Front in Washington
Here's my advice:
Go to the court and ask for the WSP SMD and Patrol Car certification certs. Get a copy of the SMD and then get a copy of the patrol car. If there is none for the patrol car, let us know. We need to determine what model SMD was used.
Brendan
Re: Moving Radar from in Front in Washington
I would set up an interrogation of the police officer to ask him questions concerning many of the unknown issues. Its likely the only way to get the SMD model information.
Or you can simply argue that his statement is so poor that for reasons x,y,z that you cannot determine if the speed was correctly determined.
I would ask to interrogate the police officer and ask him ? about his training before trial .. you have a right to conduct an investigation beyond just discovery ... so why not exercise this right?? I they refuse to cooperate, they leave them open for a dismissal due to a violation of court rules.