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Caught Speeding With No Obvious Defense

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  • 08-22-2014, 09:02 AM
    rottbach
    Caught Speeding With No Obvious Defense
    My question involves a traffic ticket from the state of: WA State

    Guys,

    It was my wife this time......

    The infraction notice, officers report and SMD info are at the link below. All from Discovery.

    https://drive.google.com/file/d/0B1v...it?usp=sharing

    Looks pretty ironclad to me, but would appreciate a review by the experts.

    Thanks,

    Brent
  • 08-22-2014, 12:12 PM
    The Legal Seagull
    Re: Caught Speeding With No Obvious Defense
    Note: this does not constitute legal advice- you should carefully read the laws of Washington State and consider consulting with an attorney licensed in Washington, who is familiar with the traffic laws there.

    Through discovery, you may request all information pertaining to the radar gun (or other device) used to measure your speed at the time of the traffic stop. This would include any instruction manuals for the equipment, police manuals and procedures relating to use of the device, the name/model of the device, and any notes, memoranda, logs, or other documents pertaining to the device’s frequency of calibration and maintenance.

    Check to see if any documents mention the device’s margin of error. In your case, the vehicle was cited as 11 mph over the speed limit- likely beyond the margin of error.

    Radar devices require regular maintenance and calibration, which is generally done with special tuning forks. You should find out everything you can about the regularity with which the device was maintained and calibrated; most importantly, you want to know when it was last calibrated prior to your ticket.

    If you learn in the course of discovery that the device was not properly calibrated, or that the officer cannot produce documents establishing proper maintenance and calibration of the device, you may have grounds for a defense.

    Definitely consider whether it's worth contesting and facing a harsher penalty if you lose at trial.

    Good luck with your research and preparation!
  • 08-25-2014, 08:47 AM
    rottbach
    Re: Caught Speeding With No Obvious Defense
    I already requested discovery and posted the documents at the link I posted. After review, it does not appear there are any errors or holes to exploit for a defense.

    If someone could take a quick look and confirm this, it is appreciated.

    - - - Updated - - -

    - - - Updated - - -

    The original link does not work any longer. I failed to blackout some personal info on the discovery docs. The link below is the updated:

    https://drive.google.com/file/d/0B1v...it?usp=sharing

    Sorry for the trouble.
  • 08-25-2014, 12:01 PM
    Disagreeable
    Re: Caught Speeding With No Obvious Defense
    Impressive unit. It does not appear to require tuning forks and is accurate within 1 mph.
    http://kustomsignals.com/documents_a..._4_low_res.pdf
  • 08-25-2014, 12:31 PM
    free9man
    Re: Caught Speeding With No Obvious Defense
    Quote:

    Quoting Disagreeable
    View Post
    It does not appear to require tuning forks...

    Given that it is a laser, it kinda makes sense that it doesn't need tuning forks. ;)
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