I-90 Aircraft Ticket in Washington State
My question involves a speeding ticket from the State of: WA
Received ticket entering Ellensburg on I90 from Cle Elum doing roughly 72 mph. Asked officer why he was pulling me over and he stated that they were testing out the use of their aircraft and that the aircraft clocked me at roughly 80 mph measured between overpasses. I told him I was only doing 72 mph.
Since I wasn't doing 80 mph I contested within allowable time frame and will be filing for discovery asking for further information.
Question: Under violation/statute code it says 46.61.400 AND R-996. I found 46.61.400 statue but what is "R-996"?
I'm modifying the question. I found that the "R-996" is for a radar Tag #. Now I have to ask, "Why would the officer say a plane measured me and then list on the ticket a radar gun? This is getting more bizzare the more I look into it.
When I asked court clerk what R-996 was response was I would have to ask judge when I appear in court. Another thing was officer marked "SMD" and DIDN'T mark "AIRCRAFT". Also electronic ticket reflects a different car model.
I honestly don't believe there even was an aircraft and this officer just wrote this up with no basis for 80 mph. Possibly they were after a different car? Any suggestions on how to approach this? Thanks.
Re: I90 Aircraft Ticket Wa State
"R-996" sounds like a "tag" number for a radar unit -- oh, and there ARE aircraft radars. Also, they could have "clocked" you with the airplane and the pilot radioed ahead to the officer on the ground who then "clocked" you again using HIS radar. But, until you receive your discovery materials, everything is speculative.
So, file and serve your discovery request. Then post the materials you receive here.
Barry
Re: I90 Aircraft Ticket Wa State
I just edited my first post that I found it was in fact a radar Tag No. That said, he told my passenger and I that the measuring method was from one overpass to another because they were testing out the aircraft. I will file for discovery. Any other suggestions and thanks Barry.
Re: I90 Aircraft Ticket Wa State
discovery discovery discovery and please post it here. there seems to be more and more airplane enforcemetn now days and the more info we can get, the more we can hopefully help!
Re: I90 Aircraft Ticket Wa State
Why wouldn't the officer have marked aircraft if it was measured by aircraft as he stated to myself and passenger? Any idea as to what kind of "testing" they'd be doing as he stated upon coming up to my vehicle? I certainly don't like to be part of their "test" when I know my speed wasn't 80 mph. Thanks.
Should I supena the officer? I read through some stuff Barry had written and it suggested that it never really helps. Though I'd like to ask about the measuring via overpass, then radar, then about the "testing". Thanks again.
Re: I90 Aircraft Ticket Wa State
Quote:
Quoting
blewis
oh, and there ARE aircraft radars.
Really? I am intrigued...I've never heard of an aircraft based radar that can measure vehicle speed....
Quote:
Quoting
p4100
Why wouldn't the officer have marked aircraft if it was measured by aircraft as he stated to myself and passenger? Any idea as to what kind of "testing" they'd be doing as he stated upon coming up to my vehicle? I certainly don't like to be part of their "test" when I know my speed wasn't 80 mph. Thanks.
Should I supena the officer? I read through some stuff Barry had written and it suggested that it never really helps. Though I'd like to ask about the measuring via overpass, then radar, then about the "testing". Thanks again.
OP. Two comments-
DO NOT view your court date as an opportunity to get to the bottom of this... just proving they were sloppy or imprecise in their comments and ticket content will not serve your cause. (Or even if they were testing an aircraft and comparing it to your radar measured speed.) You need it to find out the details of their case and THEN decide on a path to undermine their 'facts'.
Proving your speed is 72 and not 80- which seems to be an issue for you- will result in Guilty. I cannot tell you how many times I hear people outraged at the officers estimate then turn around and essentially admit to a speed that is, in and of itself, over the limit. (Like every time I am in traffic court!)
What the officer said to you and your witness is not the facts of your case...the facts will be what is in their statement, and it would not surprise me at all if the story that day and the story on the ticket, are different. The court will believe what is on the officers sworn statement and assume you and the passenger are lying. Unless it is corroborated by, say, video!
Oh, and and if he writes or testifies "The driver stated he was driving 72MPH" they will also accept that as fact.
Best of luck- you have some great help here.
A
Re: I90 Aircraft Ticket in Washington State
if after discovery is completed & you still have ? that need answers, then ask for the person(s) or things be made available to you prior to trial for your investigation of the facts, people, etc. of the case.
Re: I90 Aircraft Ticket Wa State
dont worry about what he said, or what she said, you need discovery to get this dismissed....trust me on this.....
the only evidence that will be used is the statements that the issuing officer made, the pilot and whomever measured the distance. And all of these can be found by requesting discovery.
I would say that 8 out of 10 people that get discovery and post it up here end up getting their ticket dismissed......
dont subpeoana the officer at this point.......wait to see the discovery items! Ill bet we can find something for a dismissal...
if you are not familiar with these things, it can be frustrating, but in every infraction case, you have to view the evidence and then go from there, everything else at this point is moot........we can all talk about no this happened or no that happened, but the bottom line is the judge only looks at the evidence, and that my friend is what we poke holes in!
Re: I90 Aircraft Ticket Wa State
Thank you to everyone here!!! I sent certified mail today for discovery to the court. Will come back and post when I get info. Until then....., THANKS AGAIN to everyone here.
Re: I90 Aircraft Ticket Wa State
you need to send it to the prosecutors office.....not the court.....unless the clerk of court advised you otherwise.
Location
Kittitas County Prosecuting Attorney's Office
205 W 5th AVE Suite 213
Ellensburg WA 98926
Phone
(509) 962-7520
(509) 962-7022 fax