Defenses to Speeding in Washington State

My question involves a traffic ticket from the state of: Washington

Hi guys! I guess it's a good thing that I haven't posted on here before, right? Here's my problem...

I got a citation for speeding (46 in a 30) this morning on my way to work. Here's what makes it unusual...

The officer was standing on the side of the road (looked like he just got finished writing another citation), saw me drive by, pointed to the side of the road. Of course I pulled over immediately. He then told me that he pulled me over for speeding. I told him I thought I was going the speed limit and he said, "No I'm showing 46". I (very politely) asked how he got that number because he obviously wasn't radaring me. He said, "It was based on a visual observation of your speed and confirmed with my LIDAR". After doing some research, that's obviously a type of laser SMD. This whole things seems very suspicious to me. I've always been under the assumption that for those type of devices to work, the officer must be holding it and watching who he is tagging. Can he just use "visual observation" to assume I am speeding and confirm it with a gun that was randomly pointing at objects while he was outside of his car? That doesn't sound right to me.

Thanks for any help you guys can give. I really do appreciate it.

Sean

Was the officer holding anything resembling what could have been a LIDAR? LIDARs have become extremely small and look like a pair of binoculars anymore.

At any rate, if you wish to contest the citation, read this thread and it will answer all your questions on how to properly do so.

Well, the Speedy Gonzalez username sure holds up today. Thanks for the quick reply. No, he wasn't holding anything. He wasn't even in his car. Are these things wireless? Could it have been working away from his car? It looked like he was walking back to his car from a truck in front of him. One thing is for sure, he was nowhere near his car when (and if) I was tagged.

Then you have a valid defense to your infraction since the officer never used said LIDAR. If you wish to contest it, which I suggest you do, then file for a contested hearing and perform a formal discovery request, then scan and post the results of that discovery here after you redact your personal information.

I guarantee this officer lies in his statement and says he confirmed his visual estimation with Prolite + tag # XXX and he has 15 years of experience and passed a training course and he tested it internally and by the use of a diff distance test and he has estimated the speed of nearly 45 million cars in his 15 years and he once fought Jet Li and a humpback whale at the same time.

Corrupt SOBs.

Brendan,

This is my biggest concern. I have to assume that by the time I get the discovery in he won't remember anything and fill out a generic answer to the discovery. Do I have any leverage now?

1) Can I subpoena the dash cam video? This would clearly show (I assume) that he was not in the car when my "infraction" occured.

2) Would calling today and filing a complaint to police department do anything? This might at least get it on record. Maybe the supervisor could review the tape? Hell, I don't know. What I do know is that once it goes to the judge it's his word against mine. That never ends well. :)

Sean

To be completely honest: No. There is nothing you can do. The dash cam may establish that he was out of the car and that he didn't use his SMD, but in all likelihood, you're not going to get it.

You may be on to something there, though. That dash cam is most likely going to be erased this evening, or before the start of his next shift. You've got about one hour to file an FOIA request. That's the only way to do it. No guarantees you're going to get it though. But worth a try.

Filing a complaint won't do anything. It's likely to end up in the trash can - or even better - the department's crank files.

Update: http://www.4shared.com/office/vlXzt9u6/FOIAwa.html?
Just in case you really wanted the FOIA request. I just edited a few things. All you gotta do is enter your information and take it to them.

Brendan,

Thanks for going above and beyond! I filled out the form and just walked it over to them in person. However, the (very nice) lady in records stated that Bellevue PD does not have dash cams in any of their vehicles. She said if they did it would fall under the FOIA and I could have a copy. So, I'm out of luck from that end. She did say that she is allowed to re-create a log book under FOIA showing exactly what citations were issued and patrol assignments for a particular officer. This might help. Back to square one... Thanks again!

Yes, LIDAR's are hand-held, wireless devices. The LIDAR is not attached to the patrol vehicle in any way. It is not uncommon for police to stand outside their patrol cars to use LIDAR (or radar, for that matter). Yes, they have gotten fairly small. Further, it is a training requirement that the officer get a visual estimate of a speed violation and then confirm that estimate with the SMD...that's not arbitrary, that's procedure.

Further (in contrast to Brendan's baseless leap to nefarious conclusions regarding the officer's ethics), without having the discovery, how do you even know that it was the officer you spoke with that measured your speed? He could have had a partner up the road...or in that other vehicle you assumed the officer had stopped...who informed him of your measured speed. The officer does not need to explain all that to you on the side of the road.

Get the discovery and then people can give you some legitimate and unbiased opinions regarding possible defenses.

Quote:

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Quoting PTPD22

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Further (in contrast to Brendan's baseless leap to nefarious conclusions regarding the officer's ethics)

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Brendand has dealt with the Bellevue PD more than once. So have I. He is not being unbiased. He is relaying his experiences. Both Redmond and Bellevue pull this kind of crap all the time. I had a Redmond cop try to pin a DUI on me because I backed out over slanted parking space's curb that I had not realized I parked next to. He thought for SURE I was his next meal ticket. Once he determined that I was NOT under the influence, he gave me a speeding ticket for 40 in a 30.... in a damn 45 zone. I subpoenaed him and made a HUGE deal about it with both his watch commander and the prosecutor. He called in "sick" at the last minute. Yeah right.

Furthermore I had a Redmond PD officer THREATEN to ticket me if I drove my car because the exhaust was loud. However, it was the FACTORY EXHAUST. I immediately raped him up one side and down the other with his watch commander.