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Seventeen-Year-Old Ticketed for Speeding

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  • 07-02-2012, 07:57 PM
    gogodawgs
    Seventeen-Year-Old Ticketed for Speeding
    My question involves a traffic ticket from the state of: Washington

    Need help with my daughters first ticket. She received a speeding ticket in Des Moines near Redondo going uphill in a 25 zone. I am attaching the discovery to see if there are any issues, or if we need to pursue a deferred finding or ask the PA for a non-moving violation (intermittent driving). I see a well crafted statement by the officer. The only issue I find is that the SMD was within a week of being 2 years from the last certification.

    Do we have an argument with the following; on page 1 of the 'Des Moines PD LIDAR Cert 08Jun10' the expert writes "This program requires that these devices be tested annually at which time each LIDAR speed measuring device is inspected and tested to confirm that it meets or exceeds existing performance standards." Thanks all for your help.

    http://i990.photobucket.com/albums/a...nDesMoines.jpg

    http://i990.photobucket.com/albums/a...nAfidavit1.jpg

    http://i990.photobucket.com/albums/a...nAfidavit2.jpg

    - - - Updated - - -

    http://i990.photobucket.com/albums/a...LaurenSMD1.jpg

    - - - Updated - - -

    And one more...
    http://s990.photobucket.com/albums/a...LaurenSMD2.jpg

    - - - Updated - - -

    Do we have an argument with the following; on page 1 of the 'Des Moines PD LIDAR Cert 08Jun10' the expert writes "This program requires that these devices be tested annually at which time each LIDAR speed measuring device is inspected and tested to confirm that it meets or exceeds existing performance standards."
  • 07-03-2012, 12:45 AM
    BrendanjKeegan
    Re: Seventeen-Year-Old Ticketed for Speeding
    Quote:

    Quoting gogodawgs
    View Post
    Do we have an argument with the following; on page 1 of the 'Des Moines PD LIDAR Cert 08Jun10' the expert writes "This program requires that these devices be tested annually at which time each LIDAR speed measuring device is inspected and tested to confirm that it meets or exceeds existing performance standards."

    Yup. You sure do.
  • 07-03-2012, 02:56 PM
    gogodawgs
    Re: Seventeen-Year-Old Ticketed for Speeding
    Is this pretty straight forward? Be sworn in, have the evidence introduced and point out that the Certification 'requires' annual testing and then ???? Motion to dismiss based on the evidence or await the judges decision?

    - - - Updated - - -

    "Your honor, in the certification concerning design and construction of the Kustom Pro Laser III LIDAR, the LIDAR that the citing officer used to determine my vehicle's speed, Mr. William J. Witt testifies in the final paragraph on page one that the device REQUIRES testing within 1 year from the previous calibration date.

    The previous calibration date, according to Mr. Witt is shown on the certification as the 8th of June 2010.

    The LIDAR should have been re-calibrated by Mr. Witt or another competent authority on approximately the 8th of June 2011.

    However, this is not the case. I would like to move for dismissal as the LIDAR used to determine my speed was not calibrated within the REQUIRED amount of time."
  • 07-03-2012, 04:49 PM
    BrendanjKeegan
    Re: Seventeen-Year-Old Ticketed for Speeding
    "Your honor, Mr. William J. Witt testifies in the final paragraph on page one of the SMD Certification that the device REQUIRES testing within 1 year from the previous calibration date.

    The previous calibration date, according to Mr. Witt is shown on the certification as the 8th of June 2010.

    The LIDAR should have been re-calibrated by Mr. Witt or another competent authority on approximately the 8th of June 2011.

    However, this is not the case. I would like to move for dismissal as the LIDAR used to determine my speed was not calibrated within the REQUIRED amount of time."

    (Edited the run on sentence.) And yes... should be an easy win.
  • 07-03-2012, 05:10 PM
    gogodawgs
    Re: Seventeen-Year-Old Ticketed for Speeding
    Thanks for the clean up, my daughter's hearing is at the end of August. I will post the outcome afterwards.
  • 07-03-2012, 06:06 PM
    davidmcbeth3
    Re: Seventeen-Year-Old Ticketed for Speeding
    Just to note: the first page shows testing of the frequency counter to be performed every 2 years ... but this is not a calibration test, just a single test..
  • 09-18-2012, 04:01 PM
    gogodawgs
    Re: Seventeen-Year-Old Ticketed for Speeding
    Quote:

    Quoting BrendanjKeegan
    View Post
    "Your honor, Mr. William J. Witt testifies in the final paragraph on page one of the SMD Certification that the device REQUIRES testing within 1 year from the previous calibration date.

    The previous calibration date, according to Mr. Witt is shown on the certification as the 8th of June 2010.

    The LIDAR should have been re-calibrated by Mr. Witt or another competent authority on approximately the 8th of June 2011.

    However, this is not the case. I would like to move for dismissal as the LIDAR used to determine my speed was not calibrated within the REQUIRED amount of time."

    (Edited the run on sentence.) And yes... should be an easy win.

    After a continuance last month because my daughter had a Dr appointment, the hearing was today.

    She went up and I sat next to her, but the judge 'Pro Tem' would not let me sit with her because I am not an attorney. I retreated to the first row.

    The judge reviewed the information and verified that she wanted a contested hearing and then my daughter read the statement quoted.

    At this point the judge grabbed a binder behind him of the courts copies of the SMD affidavits. Apparently the affidavit furnished by the prosecutor's office was out of date. Way out of date. The current SMD affidavit shows the Lidar's to have been tested last year and the previous year. The judge offered the binder to my daughter and time to read them. She then came back to me and he went on with other cases.

    I pointed out to my daughter that she needed to motion to suppress the new affidavit as it was not provided in a timely manner with her other discovery.

    After a wait my daughter was called up and made her motion. The judge agreed and the new and correct affidavit was suppressed, cased dismissed.

    Thanks to all for your help.
  • 09-18-2012, 05:00 PM
    BrendanjKeegan
    Re: Seventeen-Year-Old Ticketed for Speeding
    Good job thinking on your feet!
  • 09-18-2012, 07:31 PM
    Speedy Gonzalez
    Re: Seventeen-Year-Old Ticketed for Speeding
    Solid win! Congratulations!
  • 09-19-2012, 07:32 AM
    davidmcbeth3
    Re: Seventeen-Year-Old Ticketed for Speeding
    Nice to hear ! Now slow down girl.
  • 09-19-2012, 09:22 AM
    gogodawgs
    Re: Seventeen-Year-Old Ticketed for Speeding
    Quote:

    Quoting BrendanjKeegan
    View Post
    Good job thinking on your feet!

    Quote:

    Quoting Speedy Gonzalez
    View Post
    Solid win! Congratulations!

    Thanks guys, as always you give good, solid advice on this forum.
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