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Speeding Ticket, Speed Clocked by Aircraft

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  • 10-06-2011, 01:35 PM
    KirklandCommando
    Speeding Ticket, Speed Clocked by Aircraft
    My question involves a traffic ticket from the state of: Washington

    This is apparently a well known speed trap going east towards Thorp.

    I got off an off-ramp, and there was a cop waiting on the adjacent on-ramp. He kind of looked at me, then hopped in his SUV. After I turned, he followed me, then pulled me over. He said, "Looks like you were trying to follow that gold car, weren't you?" I had no idea what he was talking about. "You've been clocked by aircraft radar at 81 mph!" I just said, "ok". He took my info and when he came back said, "You're lucky, I wrote this for only 15 over instead of the 88mph you were actually doing". I said, "Ok, thanks!" and that was that. There was plenty of traffic, and I wondered if he got the wrong car, as I was pretty sure I was nowhere close to that speed.

    I filed for discovery, and the pilot's affidavit was missing. The citing officer just says that it was a "black car", which yeah, my car is black, but that hardly seems like enough information to put out a ticket.

    Should I argue that there isn't enough evidence in the citing officer's affidavit? And if that doesn't work, say that the prosecuting office didn't give me a chance to defend myself by excluding discovery materials? Any other thoughts would be greatly appreciated- court date is on Monday!

    Thanks!

    Here are my discovery materials:
    http://i.imgur.com/ZygnW.jpg

    http://i.imgur.com/oBd7a.jpg

    http://i.imgur.com/mRBUs.jpg

    http://i.imgur.com/WQCWY.jpg

    I'm also wondering if 46.61.400 refers to a a "maximum of 60mph" , and this was a 70mph zone, that's something to look at. Which I believe would be 46.61.410? I'm guessing that's grasping at straws.

    Should I contact the prosecuting office and demand the pilot's written testimony?
  • 10-06-2011, 02:02 PM
    blewis
    Re: Speeding Ticket in Kittias County, Clocked by Aircraft. Discovery Seems Lacking
    Quote:

    Quoting KirklandCommando
    View Post
    I'm also wondering if 46.61.400 refers to a a "maximum of 60mph" , and this was a 70mph zone, that's something to look at. Which I believe would be 46.61.410? I'm guessing that's grasping at straws.

    .400 is the proper statute. Note that paragraph (2) of the statues states (in part):

    Quote:

    Quoting RCW 46.61.400 (2)
    [T]he limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.

    ...

    (c) Sixty miles per hour on state highways.

    The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415.

    RCW 46.61.410 simply gives the DOT the authority to post a higher speed limit. .400 makes exceeding that limit a violation.

    Quote:

    Quoting KirklandCommando
    View Post
    Should I contact the prosecuting office and demand the pilot's written testimony?

    ABSOLUTELY NOT!!!!! You submitted a proper discovery request. IRLJ 3.1 (b) states (in part):

    Quote:

    Quoting IRLJ 3.1 (b)
    If the prosecuting authority, without reasonable excuse or justification, fails to provide any portion of the discovery prior to the day of the hearing, the portion of discovery not provided shall be suppressed.

    So, even if the prosecutor (or the court) has the pilot's statement at the time of hearing, move to suppress it pursuant to IRLJ 3.1 (b).

    If it is not introduced or if you successfully have it suppressed, move to suppress BOTH sentences under the heading "AIRCRAFT" in the officer's statement as hearsay. Once that's granted, move for dismissal due to lack of evidence. Unless the pilot's statement arrives in the next few days, this SHOULD be a slam-dunk (or as much of a slam-dunk as is possible).

    Good luck,
    Barry
  • 10-07-2011, 01:07 PM
    davidmcbeth3
    Re: Speeding Ticket in Kittias County, Clocked by Aircraft. Discovery Seems Lacking
    Also odd, the officer does not state that the pilot actually took a speed measurement at all ! It lists several measurements but its impossible to determine who took them, if anyone.
  • 10-07-2011, 04:13 PM
    KirklandCommando
    Re: Speeding Ticket in Kittias County, Clocked by Aircraft. Discovery Seems Lacking
    Barry! I'm so glad you responded. Thanks for the help. When I got this ticket I was like, "Oh yeah, you can give me this ticket now, but here's hoping Barry's got my back!"

    I'm wondering if the Judge will say that the prosecutor doesn't have to provide that information, as they did provide the citing officer's statement, which is all that is "required" under IRLJ 3.1. Any thoughts on that? I'm also wondering if I need to have the court compel any extra discovery?

    Assuming that's not the case, I should ask the judge for a pre-trial motion, and move to suppress both sentences under the heading "aircraft" of the citing officer's statement, as I was not provided with the pilot's statement and was therefore unable to defend myself? Then move for dismissal due to lack of evidence?

    As backups, I'm planning on saying that there were numerous black vehicles on the road at that time of day, and there is not enough evidence to signify that my car was the "black car" the pilot spotted.

    Thanks man!!!
  • 10-07-2011, 09:40 PM
    blewis
    Re: Speeding Ticket in Kittias County, Clocked by Aircraft. Discovery Seems Lacking
    Quote:

    Quoting KirklandCommando
    View Post
    I'm wondering if the Judge will say that the prosecutor doesn't have to provide that information, as they did provide the citing officer's statement, which is all that is "required" under IRLJ 3.1. Any thoughts on that? I'm also wondering if I need to have the court compel any extra discovery?

    You bring up an interesting point -- however, in my experience, in EVERY case where the pilot's statement was not included in the discovery materials, the case was dismissed.

    Quote:

    Quoting KirklandCommando
    View Post
    Assuming that's not the case, I should ask the judge for a pre-trial motion, and move to suppress both sentences under the heading "aircraft" of the citing officer's statement, as I was not provided with the pilot's statement and was therefore unable to defend myself? Then move for dismissal due to lack of evidence?

    You could request a pre-hearing motion, or just wait until they try to introduce the officer's statement -- then object to those sentences as hearsay.

    Quote:

    Quoting KirklandCommando
    View Post
    As backups, I'm planning on saying that there were numerous black vehicles on the road at that time of day, and there is not enough evidence to signify that my car was the "black car" the pilot spotted.

    Unless the pilot's statement (is one is introduced and accepted into evidence) indicates that he/she guided the citing officer to your black car, it's a valid argument. That's because the "hearsay" in the citing officer's statement should be suppressed -- so there would be no evidence that the pilot guided the citing officer to your car. Then, "numerous black vehicles" becomes an issue.

    Barry
  • 10-10-2011, 10:58 PM
    KirklandCommando
    Re: Speeding Ticket in Kittias County, Clocked by Aircraft. Discovery Seems Lacking
    CASE DISMISSED!

    The judge was a bit surprised, and actually had to grab a book to find the IRLJ reference, but after that he said he had no choice but to dismiss. I had about eight other motions ready to go if that failed, but they weren't needed.

    Barry, you are a true internet hero- forever a friend and ally to help guide us in our times of need. You are always standing up for the Washingtonian everyman- giving us confidence where we had none, along with the strength and wisdom necessary to go into battle. You persist, year after year, to help us all when we yearn to taste success, and ask nothing in return. You are an incredible individual. I am forever glad that Google had one day directed me upon a post of yours on this very forum, and thus changed my outlook dramatically. A thousand thanks to you, Barry. Well done!
  • 10-11-2011, 01:11 AM
    quirkyquark
    Re: Speeding Ticket in Kittias County, Clocked by Aircraft. Discovery Seems Lacking
    Quote:

    Quoting KirklandCommando
    View Post
    Barry, you are a true internet hero- forever a friend and ally to help guide us in our times of need. You are always standing up for the Washingtonian everyman- giving us confidence where we had none, along with the strength and wisdom necessary to go into battle. You persist, year after year, to help us all when we yearn to taste success, and ask nothing in return. You are an incredible individual. I am forever glad that Google had one day directed me upon a post of yours on this very forum, and thus changed my outlook dramatically. A thousand thanks to you, Barry. Well done!

    Nice paean! (and congratulations!)
  • 10-11-2011, 06:24 AM
    blewis
    Re: Speeding Ticket in Kittias County, Clocked by Aircraft. Discovery Seems Lacking
    Thanks for the kind words, but, as I told you before, YOU are the one who deserves the credit. I may have presented a few ideas, but YOU were the one who was on the firing line. YOU deserve the credit and the congratulations.

    So, GREAT JOB! And thanks for letting us know.

    Barry
  • 10-11-2011, 09:22 AM
    davidmcbeth3
    Re: Speeding Ticket in Kittias County, Clocked by Aircraft. Discovery Seems Lacking
    Quote:

    Quoting KirklandCommando
    View Post
    CASE DISMISSED!

    I had about eight other motions ready to go if that failed, but they weren't needed.

    Now there is a serious litigator ! 9 motions at the ready .. congrats on your verdict.
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