LIDAR Speeding Ticket in Skagit County

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

HI, Ladies and gentlemen, I received a speeding ticket in Skagit county WA, by laser from WSP for going 75 in in 60mph zone. He pulled two cars over including me and another vehicle and issued us both citations. He was on top of the bridge/overpass on the freeway. I don't understand how he used the laser gun to get two vehicles then jump in his car to get onto the freeway to catch two cars. So I need people who have experience in Washington state courts to help me out with some motions to get this dismissed. any help will be appreciated. Also on affidavit he doesn't write that he is" I am entering my authorized username and id to authenticate it" because it must be unique because he just printed his name and badge # so is that a valid oath? If he was telling the truth and upholding his oath why would he put I have expired tabs which I don't its on the infraction I don't know if that will make any difference or not. My court is soon please help I am new to this :(. No where on the report or anything he mentions about traffic level and if he had clear and unobstructed view of my vehicle




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Page 12 of the Prolaser III manual:
"Visibility conditions also affect the performance of the ProLaser III. Although the laser emissions used by the device are not in the visible spectrum, they are close enough in wavelength that atmospheric or climatic conditions that impair vision also adversely affect the operation. This impact is mitigated to some degree due to the new 'poor' weather operating feature available on ProLaser III. However, rain, smoke, fog, and airborne dust particles, if sufficiently dense, may prevent its operation."

Brendan, thank you for reply . Do you know where i can obtain this manual? Also any other advise? Btw this my friend account he letting me use his because i am not hi tech lol. So i am new sorry for too many questions

"Your honor, the officer states that the weather that day was rainy and the road conditions were wet. The manual states on page 12 that because of the nature of how LIDAR works, rain or other moisture particles in the air may refract the laser waves and may affect its operation. It states in the manual that this issue is mitigated by the "poor weather function" on the SMD. In this mode, any laser reading with a distance beyond 250 feet will be erroneous. I move to dismiss as the ticket clearly states that the distance was beyond this poor weather threshold and thus the speed reading has a high chance of being erroneous."

If the judge says something to the effect that you need to show him or her in the manual. State:

"Your honor, I do not have a copy of the manual with me today, but in the interest of justice, if you were to grant me a continuance I would like to subpoena one of the SMD experts so that they may attest that what I have said today is true."

Judges know that this phenomenon occurs. They don't want to waste their time and the expert's time.

Wow!!!!! Thank you Brendan you the best. This a great solid point that you provided me. I will keep you updated after my trial which is coming up really soon.

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Would it be bad idea if i provide them the copies of manual Brendan?

Nope. http://tipmra.com/kgb/WEB/general/ProLaser%20III_om.pdf

I don't know if I'd give this a very good shot though. Skagit County is a butt.

If this was your case what else would you add to it?

Something else is that the officer does not state that HE performed the tests on the LIDAR. Oopsie.

Thank you speedy Gonzalez. Any other recommendations .

I see nowhere that he says he had a clear and unobstructed view. I am a little confused about how he pulled over two vehicles at the same time? I just keep going once I am sure I am not the target of a cop with his lights on but anyhow even though it is not mentioned it would stand to reason that if another car was tagged at the same time that he may well have gotten the reading from another vehicle. LIDAR is a very precise technology usually they aim for your headlights or front plate to make sure they get a good reflective surface for a reading, he never mentions this just that it was pointed somewhere at your vehicle.

It is also not mentioned in the affidavit where his location is and yours. Sure the NOI shows MP225 and he describes you as approaching his location when the speed reading was obtained but I do not see that he established a location. Did he stop you at MP225 or was that where the alleged infraction occurred? Were you 1/4 before or MP225 if the latter? Just a thought, maybe someone else would like to expound on why that might or might not work?

~Spike~

The officer never states that he had a clear and unobstructed view of your vehicle. And, BTW, how does anyone visually estimate the speed of a car -- coming directly at them -- when it's a quarter of a mile away? He also never states that he observed your car during the time it took to travel that quarter mile.

Thank you spikespencer. Yes matter-of-fact he wasn't even standing on overpass/bridge i think he was inside his car or was driving by and personally i think he never used a smd lidar. It makes no sense how he can clock two vehicles then try to get back on the freeway to pull over two cars in super heavy traffic. The stop was way before milepost 225. But what can you say to cop with badges. You know whats the funny part is he rolled his window down and pointing me to pull over once he try to get the other car. As normal obeying human being i listened and pulled over and thinking cops are honest. Smh. Again thank you for your time and information you and all others have given me i will keep you guys posted after my trial thats coming up.

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Thank you jojo . Great information appreciate your help. Yeah this stop makes no sense whats so ever. Also if you look at the infraction he put expired tabs. Which my tabs never expired and if he was upholding his oath wouldn't you think he would of issued another citation for that as well. So its not like he cut me a break for it you get my point.