Contested Hearing for Speeding Ticket in Washington

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

My court date is less than a week away at a location where I am not willing to spend an entire day traveling to. Thus, I wanted to submit a contested hearing by mail, but they have to receive it at least 5 days before the court hearing date leaving me with little time.

I've attached the affidavit to my speeding ticket. There are a couple discrepancies with which he marked (obviously a template). The biggest thing I couldn't find was the distance at which I was measured at, would that make my case? Also, I don't know if I was the "only moving vehicle in smd field," but I was definitely not the only car on the road: there were 2 other cars in very close proximity, and 1 of which was weaving around before I got pulled over. He could've easily confused that car for me if he measured from a distance away. I also wasn't able to find the File date (since it's electronic, I'm not sure how that works).

The affidavit included another person's "Certificate concerning design and construction of electronic SMD" which I didn't bother to upload. The Tuning fork # 137135 is not listed in "Exhibit A", but # 256725 is.

Lastly, he definitely did not "instruct me to read the infraction carefully." Frankly, he was quite the ass and literally told me not to smile, which is why I want to fight this.

So my questions:
1) Can you ask for motions/suppression through mail? (I.E. Suppression/Dismissal due to lack of evidence)
2) What are the actual chances that they even consider my story through mail? I read somewhere about how mailing may significantly lower your chances of winning, or they won't even bother reading it over thoroughly (meaning is it a MUST to go there in person?)
3) I definitely want to get this ticket off my record. However, would it be advisable to ask for a deferral at the end? I obviously don't want my arguments all being rejected and end up with the ticket on record.
4) How STRONG is my case? I only ask because if it ends up that I can most likely beat this ticket ONLY IF I am there in person, I just may be willing to sacrifice an entire day going there.

Thanks in advance!

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You have to be there in person to file a motion.

I think you have a good case to get the SMD device reading suppressed. Obviously the device was certified by an SMD expert using a certain tuning fork, the Officer decided to use a different tuning fork. He's not an expert. I hope Berry can post up the proper IRLJ section to cite. He's the expert on here...

If you can get the measurement suppressed, you make a motion to dismiss based on lack of foundation.

Walk away and smile.

Your find about the tuning fork being the wrong one will suffice for dismissal. At least it should...

Just argue that because the radar device was in moving mode, both tuning forks need to be used to ensure the SMDs accuracy. He used a different tuning fork that was NOT per the manufacturers instructions making it impossible to ensure that the device was working properly at the time of the citation.

You can also bring up the fact that the officer never says he was the one who performed the testing. In fact, the way he refers to himself as an officer leads me to believe that it wasn't his shift that he is referring to. So not only do you have hearsay, but WHO's shift was it checked at the end of?

And then, you have an argument that the officer never stated if he never lost sight of your car. Because he was in Opp Lane Moving Mode, he was going a different direction. He had to turn around and who knows where that next possible location was for him to turn around. Could have been 2 miles down the road, which would prove your car may have been lost in the eyes of the officer. This argument seems to have more weight if you drive a common car. I don't see this one working at all if you drive a Murcielago.

And finally, You've got the Mociulski Argument.

Quote:

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Quoting SpeedySeattle

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You have to be there in person to file a motion.

I think you have a good case to get the SMD device reading suppressed. Obviously the device was certified by an SMD expert using a certain tuning fork, the Officer decided to use a different tuning fork. He's not an expert. I hope Berry can post up the proper IRLJ section to cite. He's the expert on here...

If you can get the measurement suppressed, you make a motion to dismiss based on lack of foundation.

Walk away and smile.

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I dont think that even if he WAS an Expert the outcome would be any different .. dismissal ...

If you are not willing to travel then why are you contesting it???

i disagree, you do not have to be there in person to make a motion to supress motion to dismiss etc........

Thanks for all the responses so far. I decided that going to court would be the best bet. I was just wondering if I also had an argument that the officer did not note at what distance he measured me at thus not only can I question the accuracy of the reading but if he was even targeting me at the time of measurement because there were other light color sedans traveling at that time and he was in yhe opposite lane meaning he had to find a point to turn around, decel, turn and accel back to catch up with traffic all the while no lights flashing upuntil the moment he pulled me aside. And if that's the cas he would've had to accel prob over 100 just to reach me without losing sight on a slightly hilly roadif I was actually going 80.

"Your Honor, i would like to make a preliminary motion to supress the officers speed affidavit. The officer indicates that the radar was used in moving mode, and makes mention that the patrol speed listed on the SMD concurred with the patrol vehicle speedometer reading. However your honor, there is no indication as to when the speedometer has ever been calibrated or certified for accuracy"

I would rather get nailed by moving mode radar as the day is long, because its the easiest one to get out of!!!!

And for gods sake "Speedy" please do your research before you give others advice......You mentioned above, that if "you get the measurement "supressed" then make a motion to dismiss for "lack of foundation" If speed readings are supressed, in this case for example, it would be smart to ask for a dismissal for a lack of evidence. A lack of foundation if you will, for example is if the officer didnt introduce skill, trainiing, experience etc in order to properly use the affidavit of speed. IE, a half ass affidavit with plenty of "discrepancies" "lack of information" can still be used by the judge to issue a committed finding. Unless the defendant raises issue of lack of information and "lack of foundation" then the statement would most likely be supressed, and with no statement, there is no evidence, and with no evidence one could motion to dismiss for lack there of...

Do I have to cite any irlj or case for that colemac? Thanks for your input.

Court is in a couple days and wondering if any other valid arguments with irlj citations are there... also i wasn't sure but isn't the officer required to write the distance at which iwas measured at? And is that sufficient enough to suppress the speed affidavit?

Went with Colemac's first motion and got it dismissed. In and out within 5 min. but long a$$ drive.