Can I Get My Speeding Ticket Dismissed
My question involves a traffic ticket from the state of: Washington
I was cited a ticket for going 48 mph in a 30 mph speed zone. Is there any possible way that I can get this ticket dismissed? Below is what the officer submitted as his affidavit:
Radar Infraction Report
Kustom Pro-1000 #DS3776 Tning Forks #31939:35 Mph/#3004:65 Mph Wudc infraction 3z0084172 was issued on 010113 at approximately1927 hours. I was wrking the above indicated moving radar unit in the 4900 block of N. Pearl St, my vehicle itself was moving.
The unit was turned on and I made all internal checks including the tuning fork checks of the calibration, the sound, and the lighting display. I found that all checks showed the radar unit to be operating properly. I observed the vehicle driving northbound at an estimated speed of 50 mph in a posted 30 mph zone.
The unit emitted a high pitched tone consistent with the seed of 50 mph in a 30 mph zone. The vehicle speed was locked at 48 mph in a 30 mph zone according to the digital display.
Comments:
I have been properly trained and am qualified to operate this radar unit. The defendant did not look at the radar display. I checked the unit at the beginning and end of my shift and found it to be in proper working order.
I certify under penalty of perjury under the laws of the state of washington that all staements made herein are true and accurate and that I am entering my authorized user ID and password to authenticate it.
Officer: 154
Place: Washington Date:010113
Re: Is There a Way to Get This Speeding Ticket Dismissed
odd ... he never says he did the tuning for checks before and after the shift; just "checks" ~ meaning what? Checked for dirt?
Re: Is There a Way to Get This Speeding Ticket Dismissed
Upload to imgshare or photobucket and we'll take a look. Typing this stuff out never helps us.
Re: Is There a Way to Get This Speeding Ticket Dismissed
Re: Is There a Way to Get This Speeding Ticket Dismissed
Infraction from January 1st? Did you request a continuance for some reason?
Barry
Re: Is There a Way to Get This Speeding Ticket Dismissed
Yes I requested a continuance I wasn't able to make the original date set and It's in a small town that prey on motorist they only have 1 court day every other month
Re: Is There a Way to Get This Speeding Ticket Dismissed
Any suggestions on how might I go about to get this ticket dismissed? I searched the WA State Patrol website but I couldn't figure out the tag # to check the tuning forks.
Re: Is There a Way to Get This Speeding Ticket Dismissed
I don't think this is a WSP unit. Anyway:
The officer fails to mention in his report that he has the SMD attached to his OBD computer for "perfect [patrol] speed." Failing that, he should have mentioned something about the patrol speed window matching that of his patrol car's speedometer. Together these are valid grounds for a dismissal. Throw that together with the fact that he didn't mention if you were opposite direction and which antenna was used, I think you have a strong case.
Good luck.
Re: Is There a Way to Get This Speeding Ticket Dismissed
Thanks a lot is there a specific case study that I should site or reference in addition to those points?
Re: Is There a Way to Get This Speeding Ticket Dismissed
I see an issue with his statement ... he does not say that the chks done are the recommended chks that need to be done per the manufacturer's instructions ... so are the chks what is actually needed to be done? Its unknown.
Re: Is There a Way to Get This Speeding Ticket Dismissed
@BrendanJKeegan thanks a lot for the info you provided. Your help was really appreciated. I was nervous, but was able to get this ticket dismissed.