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I Dont Think the Officer Used a Radar to Clock My Speed

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  • 01-26-2011, 08:02 PM
    pennyboy
    I Dont Think the Officer Used a Radar to Clock My Speed
    My question involves a speeding ticket from the State of: WA
    It was raining as it always does in WA and you could barely see a couple hundred feet in front from all the mist. I thought i was going around 65 when a highway patrol pulled me over, he was sitting on the shoulder of a one lane on ramp. when he came up to my truck he asked if i knew why i was being pulled over, I said no, he said " you were going about 70 mph." he says about, like he didnt even use a lidar like the ticket says.Then he says ill give you a break and wrote it for 65+ in 60. Which made me think it was raining really hard, there is no way to sit on that on ramp to use the lidar out the window, so he had to of used it through the windsheild with the rain and the windsheild wipers. will that affect the reading if he used one at all?

    The other thing is I went to get a copy of the ticket and the court said its not there. I asked if there was a time frame that the officer had to file the ticket? She said its probably been filed, they are so backed up thats its just sitting there waiting to be processed come back on friday. I got the ticket friday and that will be a week.
    The ticket also looks weird i cant fiqure out how to upload it or i would, but it reads
    vehicle speed in a zone ?
    65+ 70 60
  • 01-26-2011, 09:01 PM
    BrendanjKeegan
    Re: I Dont Think the Officer Used a Radar to Clock My Speed
    Quote:

    Quoting pennyboy
    View Post
    My question involves a speeding ticket from the State of: WA
    It was raining as it always does in WA and you could barely see a couple hundred feet in front from all the mist. I thought i was going around 65 when a highway patrol pulled me over, he was sitting on the shoulder of a one lane on ramp. when he came up to my truck he asked if i knew why i was being pulled over, I said no, he said " you were going about 70 mph." he says about, like he didnt even use a lidar like the ticket says.Then he says ill give you a break and wrote it for 65+ in 60. Which made me think it was raining really hard, there is no way to sit on that on ramp to use the lidar out the window, so he had to of used it through the windsheild with the rain and the windsheild wipers. will that affect the reading if he used one at all?

    YES! ABSOLUTELY YES. Especially if the visibility is poor. You have an excellent defense here.

    Quote:

    Quoting pennyboy
    View Post
    The other thing is I went to get a copy of the ticket and the court said its not there. I asked if there was a time frame that the officer had to file the ticket? She said its probably been filed, they are so backed up thats its just sitting there waiting to be processed come back on friday. I got the ticket friday and that will be a week.
    The ticket also looks weird i cant fiqure out how to upload it or i would, but it reads
    vehicle speed in a zone ?
    65+ 70 60

    Try uploading it to a website like imageshack...
  • 01-27-2011, 01:39 PM
    pennyboy
    Re: I Dont Think the Officer Used a Radar to Clock My Speed
    Heres a pic of the conditions that day, and the ticket

    http://img143.imageshack.us/img143/8...0210001.th.jpg
    http://img690.imageshack.us/img690/8494/img1297f.th.jpg
    http://img405.imageshack.us/img405/52/img1296w.th.jpg

    I hope this works.

    I also went back to the court house and no ticket has been filed with them, I had the lady print up a report stating that it hasn't been filed also. Don't they have 5 days? He gave me the ticket in the morning so does that first day count?
  • 01-27-2011, 01:57 PM
    BrendanjKeegan
    Re: I Dont Think the Officer Used a Radar to Clock My Speed
    Yup. Needs to be filed in 5 days. IRLJ 2.2(d).
  • 01-27-2011, 03:28 PM
    davidmcbeth3
    Re: I Dont Think the Officer Used a Radar to Clock My Speed
    Here's a tidbit: LIDAR does not work in heavy rain...
  • 01-27-2011, 06:46 PM
    pennyboy
    Re: I Dont Think the Officer Used a Radar to Clock My Speed
    Just to make sure, the 5 days starts on the day he issued the ticket. So today was the last day he had to file? And how should I ask for a dismissal, can I submit that motion before the court date.
    If that falls through, I should go with the visibility issue as you can see in the pics? Also did you find the way he wrote up the speed kinda weird, how the - circled is in a 70, but then it says, zone 60? The speed limit is 60 but he wrote it as 65+ in a 70.
  • 01-27-2011, 07:07 PM
    Mr. Knowitall
    Re: I Dont Think the Officer Used a Radar to Clock My Speed
    Five business days.
  • 01-27-2011, 09:40 PM
    blewis
    Re: I Dont Think the Officer Used a Radar to Clock My Speed
    And the day it was issued does NOT count. See CRLJ 6. My ticket took TWO WEEKS to show up in the court system -- it was FILED the day after the infraction.

    Barry
  • 01-31-2011, 03:05 PM
    pennyboy
    Re: I Dont Think the Officer Used a Radar to Clock My Speed
    How can it not show up in the system if it's been filed? I went back today and she looked threw all the hard copies and still couldnt find the ticket, she said it hasn't been filed at the court yet or she would have it. So if this is right how and when would I file a motion to dismiss, or what kinda motion am I looking for?
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