Beating a Speeding Ticket in Court

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

Hi Everyone,

I am not sure if this falls outside of the five day Rule IRLJ 2.2:
http://img189.imageshack.us/img189/5708/ticket0.jpg
How are the days counted? I know it is excluding weekends and the time between Feb 26 Mar 5 is 7 days so taking out 2 days for the weekend that would make five days. So I am guessing that I cannot get this dismissed on this?

This was the only thing I got in Discovery:
http://img145.imageshack.us/img145/1...statement0.jpg

I observed the defendant Approaching my location in excess of the posted [60] speed limit. I obtained a 80 MPH reading on the defendant's vehicle. The Laser SMD #1167 has been certified by the factory and State Patrol Technicians and found to be in proper working order. On the day the above mentioned speed was obtained on the defendant, LASER SMD's accuracy was checked by (1) internal self diagnostic test, (2) scope alignment test, and (3) the fixed distance/zero velocity test at 100 feet prior to the beginning and the end of my shift. I have been trained in the use and operation of the SMD device.

I looked up SMD #1167 and found a couple of discrepancies certification date 3/23/2012 and expiration date 3/23/2014 but the signature in the certification is for 1-11-12 for the certification program and the only an attachment typed to state that it was certified on 3/23/2012. This was on a motorcycle so I am not sure what he thinks he managed to get a reflection off of.

The statement that he observed me approaching his position is incorrect as I was behind a large commercial truck and then a Semi-Tractor Trailer as I was passing by his position. The only time he could have seen me at all is right as I passed the Semi I looked to the left and saw him for a brief moment before the Semi overtook me again. This brief half second is the only time he could have clocked me possibly going more than 60 since I was stuck behind a minivan that was going 35-40MPH as we got onto the Interstate. I was accelerating to save my life since both the truck and the Semi were moving into my lane which is why I started accelerating and I would have thought that the motorcycle cop would have understood but was actually really rude to me for no reason.
http://img28.imageshack.us/img28/1592/imgde.png

Should I try and see if I can get a plea bargain or is there any technicality I could possibly get off on?

The officer does not state that HE performed the tests nor whether the device passed or failed.

Nice catch on that Speedy, I appreciate the help. So I take it I would then enter the motion to dismiss based on there being no indication that the SMD's accuracy was correct when tested and that there is no clear indication of who checked the accuracy? I have a few other tricks up my sleeve that may help me if that does not work so I guess I'll take my chances and see how it goes.

Thanks,

~Spike~

Use the exact motion I posted here

Awesome I was looking at that one, I will use that motion verbatim and let everyone know how it goes. Hopefully there will be a positive response to that thread before the 15th. Thanks again.

~Spike~

You should call the court and ask who the presiding judge will be for this case. Green will accept this argument while many others will not.

Good to know, I'll check but I would guess it would either be Green or Judge David Christie most likely based on the venue. The only other time I was there two years ago the original two Judges that were supposed to preside were unable to do so and so they brought in another Judge who was actually a very nice and understanding woman despite my complete incompetence at the time.

I just posted a minor (but possibly important) change to the motion in that thread. I did not add the word "evidence", and should have. Please go back and have a gander.

I will add that to my printout. Is there any chance that the SMD certification they will have in court will show that the officer did the checks himself and that they were successful?

~Spike~

There is no distance on this ticket. Anywhere. The "1061" next to his signature could be it, but no way to know for sure.

Another interesting point, the WA case report used to hav a specific line for distance, which does not seem to be there anymore.

You could try to argue the distance was intentionally left off, or put next to his signature to appear as a badge number, assuming you wouldn't realize. 1061 is pretty far. He might as well use LIDAR across Puget Sound.