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Contesting a Pacing Ticket

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  • 01-04-2013, 08:52 AM
    Speedy Gonzalez
    Re: Contesting a Pacing Ticket in Wa
    Very rarely does discovery ever trigger a subpoena by the prosecutor. Even when there is NO sworn statement, it is still very unlikely to happen.
  • 02-27-2013, 11:46 AM
    hollislau
    Re: Contesting a Pacing Ticket in Wa
    Update - my contested hearing has been scheduled for this Friday, Mar. 1st. I served my discovery request to the prosecutor's office on Feb. 15th and received their response on Feb. 23rd. It contained a two-page form letter, a copy of the citation, and a copy of the officer's sworn statement. My plan is to go into court and present Speedy's motion to the judge. One question: should I present it as a pre-trial motion, or wait until it's my turn to present my defense? Also, is there anything else I should do to prepare? I was planning on bringing along a copy of Spokane vs. Knight just in case the judge needs a legal precedent for requiring a calibration certification for speedometers. Thanks in advance for any advice!
  • 02-27-2013, 05:34 PM
    Speedy Gonzalez
    Re: Contesting a Pacing Ticket in Wa
    Which motion? Did you redact and post their response? If not, you should if for no other reason to sanity check it.
  • 02-27-2013, 05:43 PM
    hollislau
    Re: Contesting a Pacing Ticket in Wa
    Hey Speedy, it was the motion to suppress the speed reading and dismiss the case that you posted in the first page of this thread. I didn't bother posting the discovery materials as there was nothing in there that I didn't expect, but I'll try to do it tomorrow if you think it'll be useful. Thanks!
  • 02-27-2013, 06:08 PM
    Speedy Gonzalez
    Re: Contesting a Pacing Ticket in Wa
    Yes, posting the document will allow it to be scrutinized far better than a re-typed version. Just take your personal info and case ID off of them (marker, or mspaint, etc.) and post them to a picture hosting site with public access (preferably no login required) and link them here.
  • 02-28-2013, 12:50 PM
    hollislau
    Re: Contesting a Pacing Ticket in Wa
    Quote:

    Quoting Speedy Gonzalez
    View Post
    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."

    Hi Speedy,

    Do I want to present the above as a pre-trial motion, or wait until the prosecution submits the officer's sworn statement into evidence before doing so? Essentially waiting until it's my turn to present my defense.

    I'll upload a link to my discovery documents shortly. Thanks!

    - - - Updated - - -

    Here are the links to my discovery documents:

    http://www.freeimagehosting.net/t/q6gwy.jpg
    http://www.freeimagehosting.net/t/fwk6i.jpg
    http://www.freeimagehosting.net/t/z8fwc.jpg
    http://www.freeimagehosting.net/t/ai6gc.jpg
  • 02-28-2013, 04:03 PM
    blewis
    Re: Contesting a Pacing Ticket in Wa
    Speedy's motion should suffice. You can do it as a pre-trial motion or wait until the officer's statement is entered into evidence. Another authority for requiring "authentication" is ER 901 (b)(9), to go along with Spokane v Knight.

    Just for fun, I noticed that the officer does not even indicate which direction on I-5, nor that he maintained a constant distance from your vehicle while he was "pacing" you. Minor, but it's always better to have more than one bullet in your gun.

    Good luck,
    Barry
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