Speeding Ticket, 60mph on I-5 Southbound in Whatcom County
My question involves a traffic ticket from the state of: Washington, Whatcom County. By Washington State Patrol. I received a citation and mailed it in with a contested hearing box checked. I also received my discovery request martials which contains the original citation and the officers statement that's all. I will post the officers statement. PLEASE HELP ME I WORK A MINMUME WAGE JOB AND CANT AFFORD A LAWYER AND I AM A STUDENT. I have been threatened by WSP they telling me I am on there system now. I don't know what them mean by that. I guess I was rude a long time ago to one officer now they trying to take revenge. they pull me over every time and issue me a ticket. I beat most of them. I don't know what to do with this one. Please help me I am a honest hardworking person. Also can someone help fast I have court pretty soon. I swear I was not speeding there was bunch of other cars he lied about the whole thing told me the judge was going to believe him over me. the funny part is when he puts additional comment defendant "eating pizza" like seriously what is that got to do with anything and there was no pizza nor was I eating SMH.
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Re: Speeding Ticket, 60mph on I-5 Southbound in Whatcom County
I checked the unit is properly certified and tested, the tuning forks used are correct. I see no other weaknesses.
https://fortress.wa.gov/wsp/smdsearc...tionPrint/3308
Re: Speeding Ticket, 60mph on I-5 Southbound in Whatcom County
Ok i already knew that i already checked it online on wsp. But he never mentions other cars on the freeway. It was super dark and how can he say he has unobstructed view of me when all he could see is yellow light in dark in his rearview mirror. And side mirror do u get my point read his report carefully. He did rear" smd antenna" he was sitting on a angle on the side of the freeway causing hazard with all his lights off in the dark. Traffic at that time was high.
Re: Speeding Ticket, 60mph on I-5 Southbound in Whatcom County
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blackhawk1111
...I am a honest hardworking person......he lied about the whole thing.......
I always find it amusing when people proclaim their virtue and insist the cop is lying through his teeth because their version of what occurred is different from the cop's.
Here are the jury instructions most courts give when such conflicts are to be considered:
Sometimes a witness may say something that is not consistent with something else he or she said. Sometimes different witnesses will give different versions of what happened. People often forget things or make mistakes in what they remember. Also, two people might see the same event but remember it differently. You may consider these differences, but do not decide that testimony is untrue just because it differs from other testimony.
Re: Speeding Ticket, 60mph on I-5 Southbound in Whatcom County
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blackhawk1111
But he never mentions other cars on the freeway.
Actually, his statement says, “The defendant’s vehicle was the only vehicle moving in the radar unit’s beam.”
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blackhawk1111
It was super dark and how can he say he has unobstructed view of me when all he could see is yellow light in dark in his rearview mirror. And side mirror do u get my point read his report carefully.
Ok, I read it carefully. He never said he saw you in a mirror. He said, “I had a clear and unobstructed view”. Was he in a neck brace so that it would have been impossible for him to turn his head and look back? Even if he did see you in a mirror, how does that obstruct his view? Why do you say all he could see was “yellow light in dark?” Did you also not have your headlights on while driving down this “super dark” roadway?
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blackhawk1111
He did rear" smd antenna" he was sitting on a angle on the side of the freeway causing hazard with all his lights off in the dark. Traffic at that time was high.
Yes, he says you were tracked using the read antenna…So? Unless you were approaching from the front of his vehicle, that does nothing to help you. Maybe some of the traffic gurus here can find something that actually has a chance of success. But, the arguments you are trying to make just aint going to cut it.
Re: Speeding Ticket, 60mph on I-5 Southbound in Whatcom County
The Case Report appears to be a prewritten form letter that could be used for all of the Officer's radar citations. There is nothing specific about it that describes the OP's incident other than the date and a few checked boxes.
Why would an Officer admit that he was doing an observed estimate through his rearview mirror? It is highly doubtful that he is trained or accurate doing them that way.
Why would an Officer ever say the radar beam was picking up multiple cars when that would be grounds for an immediate dismissal?
Did the OP really have "no comments" at the scene? It appears he did.
But regardless of the generic content of the Case Report, you will likely lose if you fight this citation. It's just the way things are.
Re: Speeding Ticket, 60mph on I-5 Southbound in Whatcom County
I don't think you understand my point he was like almost a football field away before i approached him there was heavy traffic. Multiple cars only 5 feet away from my car . They officer just pulled his car on the side of the emergency "freeway shoulder". He was parallel parked. Was sitting there and fishing for speeders. He was facing forward straight. So how can he see me if approached from behind him in dark night. I mean all he could see is headlights from his side view mirror and rear view mirror.
Re: Speeding Ticket, 60mph on I-5 Southbound in Whatcom County
Why Police Officers claim to do observed estimates prior to using a radar gun is a mystery. "Because they are trained to testify that way" is not a reason why they do it. It is a reason why they claim to do it. Accurate observed estimates at night, through a rear view mirror, is impossible IMO. The Officer claiming he is looking back by holding his head out the window for every group of cars that pass is unlikely to say the least. And doing an observed estimate as the cars pass the patrol car is not only after the fact but approaching cars usually slow down when they see a patrol car sitting on the side of the road, which taints his observed estimate.
IMO, they do it to obtain probable cause to use a radar gun on you. But that is speculation that can be easily denied. The use of radar has many requirements attached to it. Probable cause may be one of them.
Re: Speeding Ticket, 60mph on I-5 Southbound in Whatcom County
It was not a radar gun. On my ticket its marked SMD " speed measuring device".. also if you guys dont have any way to help me come up with motions to dissmiss this please dont answer or put your opinions. Thank you . I need answers not opinions of what you think etc.
Re: Speeding Ticket, 60mph on I-5 Southbound in Whatcom County
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So Cal
Why Police Officers claim to do observed estimates prior to using a radar gun is a mystery. "Because they are trained to testify that way" is not a reason why they do it.
There is no mystery. They are trained to make a visual estimate and then use the SMD. With the exception of the rotten apples, no officer will testify they did a visual estimation if they did not.
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So Cal
It is a reason why they claim to do it.
No, it's the reason they do it.
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So Cal
The Officer claiming he is looking back by holding his head out the window for every group of cars that pass is unlikely to say the least.
Or he could turn sideways in his seat so he can see approaching traffic.
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So Cal
And doing an observed estimate as the cars pass the patrol car is not only after the fact but approaching cars usually slow down when they see a patrol car sitting on the side of the road, which taints his observed estimate.
No it doesn't. If an approaching/passing car is exceeding the speed limit, it's exceeding the speed limit. Not everyone slows down and those that do could be going so fast as to still be speeding when the officer makes his visual estimation.
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So Cal
IMO, they do it to obtain probable cause to use a radar gun on you.
There is no requirement for probable cause in order to use a SMD.
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So Cal
But that is speculation that can be easily denied.
Because it is false.
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So Cal
The use of radar has many requirements attached to it. Probable cause may be one of them.
No, it is not.