Contesting a Pacing Ticket
My question involves a traffic ticket from the state of: WA
I was issued a speeding ticket on Christmas(!) by an officer who claims that he paced me going 75-80 mph in a 60 mph zone. I visited the district court today and obtained a copy of the officer's report. This is the entirety of his statement:
"Defendant passed me and then accelerated by me. I followed behind defendant and paced the defendant between 75-80 mph in a posted 60 mph zone. Defendant said he was late for dinner."
Based on the excellent information that I've gleaned from these forums, I feel that I can successfully contest this ticket based on the following merits:
1. The officer never states that he maintained a constant distance while pacing me, nor does he state the distance over which he paced me.
2. He does not state that his speedometer is properly maintained or calibrated, and even if he did,
3. He does not identify his vehicle, making it impossible to verify the calibration/maintenance of said speedometer.
My plan in court is to:
1. Motion for dismissal due to lack of evidence; failing that,
2. Motion to suppress evidence of speed due to lack of foundation, then motion for dismissal due to lack of evidence.
This seems like a slam dunk to me, but I'm brand new at this and would love an expert opinion here. Should I even bother with discovery at this point? Thanks in advance for any input!
Re: Contesting a Pacing Ticket in Wa
You want to make a motion as follows:
"Your Honor, I move to suppress the speed reading per IRLJ 6.6(c) and move for dismissal for lack of evidence. The officer does not identify WHAT vehicle he was driving which makes it impossible to factually or legally establish whether the speedometer in said vehicle has a valid certification, or if there is a certification on file with the court. The officer does not state anything at all with regard to the speedometer calibration, nor any of his qualifications to estimate speed. Without a known vehicle, calibration or statement about calibration, the speed measurement evidence should deemed insufficient, and the speed reading should be suppressed."
Re: Contesting a Pacing Ticket in Wa
Awesome, thank you so much! Do you think I need to bother with discovery, or will your eloquent motion be sufficient? Also, if the judge finds against me for whatever reason, do you think I would have grounds for an appeal?
Re: Contesting a Pacing Ticket in Wa
Did not even list a distance for the pace .... poor poor instruction he received. I would add that he did not state he followed any pacing procedure.
Re: Contesting a Pacing Ticket in Wa
Re: Contesting a Pacing Ticket in Wa
Snohomish County District Court South Division.
Re: Contesting a Pacing Ticket in Wa
You stand a very decent chance if winning with that motion. I would still perform a formal discovery request. That way if the prosecutor tries to trot out ANY other discoverable evidence you simply move to suppress it.
Re: Contesting a Pacing Ticket in Wa
Great, thanks for the advice, that makes sense! But I thought that prosecutors don't show up at district court hearings?
Re: Contesting a Pacing Ticket in Wa
They are always there in Snohomish County South Division, and they may ask to have the judge hold your case until they come back if they have other things going on in other rooms. He was a short, balding man with glasses if memory serves.
Re: Contesting a Pacing Ticket in Wa
Okay. I found Barry's great template for discovery requests; is there anything else I should ask for in addition to a list of witnesses that the prosecution may call, a copy of the officer's sworn statement, and the certification and calibration logs for the speedometer? I'm a little afraid that the discovery request may prompt the prosecutor to contact the officer so that he can obtain the missing information that he needs to secure his case against me.