What Does it Mean to be Closing on Traffic Ahead
My question involves traffic court in the State of Washington
Dear all,
I'll have contested hearing this Wednesday in Grays Harbor County Court, and prosecuting attorney, replying on my request for discovery, kindly provided me with the law enforcement's agency report. I removed all personal information and attached below all 4 pages that I've got from the attorney, but only two of them are actually the report (#3 & #4, and #3 is actually a mirrored page of my speeding ticket.) I was really concerned with the report that I've seen and decided to ask for your advice.
So here how it was: I was driving in the right lane with less than 65 mph speed, when I saw cars moving left due to the police car and another one pulled over. I changed lane as well, and I probably slightly increased speed just to be like cars in the left lane. My "speed indicator" is my mom, who hates the speed fasted than 60 mph, so that's why I'm so sure.
Anyways, 5 or so minutes later I was driving in the left lane due to the passing maneuver, and having one car ahead and one car in front of me, when I saw police signals in my rear mirror. We all started moving right and I was really surprised when police car followed me. So I pulled over.
Police officer told me something like "your speed was 74 where 60 is the limit", but I didn't hear everything he was saying, so I asked to repeat with words like "I probably missed what you said..." He repeated and I told him that's it's hardly possible, because I'm driving with my mom and have to be very careful about my speed, and the only place where I probably slightly increased speed was where I was changing the lane. He took my driver license, insurance, etc., and in five-ten minutes returned to me with the ticket.
Since I'm still unsure that my speed was over 65, I asked for a contested hearing and sent discovery request. However, the only new thing I saw was "CLOSING ON TRAFFIC UP AHEAD". And my quote below. Honestly, I don't understand this sentence in the context of my case. Could you please advise what the police officer was trying to say?
Thank you very much for your help.
Regards,
Ost
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Re: What Does it Mean to be Closing on Traffic Ahead
The “SMD” box is checked on your ticket, meaning that the officer used a speed measuring device such as radar or LIDAR. If that is true, then the officer should have filed a sworn statement with information about how he measured your speed, id numbers for the device used plus tuning forks (if radar), what tests were performed on the device, by who/when, and other details.
If you did not receive the above report, you can move to suppress SMD evidence due to the missing SMD affidavit and, if your motion is granted, move for dismissal due to lack of evidence. You must announce that you have motions immediately when your case is called—before anything is read into the record and before you are sworn in for testimony.
It can be argued that your comments to the officer were not necessarily an admission that you did anything wrong.
Re: What Does it Mean to be Closing on Traffic Ahead
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Ost
Since I'm still unsure that my speed was over 65,Regards,
If you don't know what your speed was, then you don't know that it wasn't 74.
Relying on your Mom to judge your speed was an incredibly bad idea when it's your speedometer you should be glancing at while you are driving or set your cruise control to the speed limit.
If you routinely go with the flow of traffic you are already exceeding the speed limit because the flow of traffic is typically 5 to 10 mph over the speed limit. It's like shooting fish in a barrel for police officers if you accelerate even slightly above that.
The other response provides you with a possible strategy for this citation but isn't going to prevent future citations unless you pay attention to your speedometer or use your cruise control and set it to the speed limit. If other drivers go around you, let them.
Re: What Does it Mean to be Closing on Traffic Ahead
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Ost
However, the only new thing I saw was "CLOSING ON TRAFFIC UP AHEAD". And my quote below. Honestly, I don't understand this sentence in the context of my case. Could you please advise what the police officer was trying to say?
Odds are the officer meant that, due to your speed, you were catching up with the vehicles in front of you.
Re: What Does it Mean to be Closing on Traffic Ahead
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searcher99
If you did not receive the above report, you can move to suppress SMD evidence due to the missing SMD affidavit and, if your motion is granted, move for dismissal due to lack of evidence. You must announce that you have motions immediately when your case is called—before anything is read into the record and before you are sworn in for testimony.
Thank you very much searcher99. Than's what I'll start with and hopefully the judge will grant it, because those 4 pages were really everything I got from the prosecuting attorney. Is there a chance that they can have SMD affidavit in court simply without sending it to me?
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adjusterjack
The other response provides you with a possible strategy for this citation but isn't going to prevent future citations unless you pay attention to your speedometer or use your cruise control and set it to the speed limit. If other drivers go around you, let them.
Completely agree with you, adjusterjack. Thanks for your response.
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Mr. Knowitall
Odds are the officer meant that, due to your speed, you were catching up with the vehicles in front of you.
Mr. Knowitall, do you mean tailgating? I did't do that...
Re: What Does it Mean to be Closing on Traffic Ahead
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adjusterjack
The other response provides you with a possible strategy for this citation but isn't going to prevent future citations unless you pay attention to your speedometer or use your cruise control and set it to the speed limit. If other drivers go around you, let them.
It is not wise to rely on cruise control. Cruise control does not keep your car exactly at a particular speed; the speed while on cruise control can and does change depending on things like changes in road surface, incline of the road, etc. There is simply no substitute to watching the speedometer and knowing what speed you are really going (assuming, of course that your speedometer is even accurate to begin with, and unless you’ve had it tested you can’t really be sure of that either).
Re: What Does it Mean to be Closing on Traffic Ahead
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Ost
Mr. Knowitall, do you mean tailgating? I did't do that...
No. I meant exactly what I said.
Re: What Does it Mean to be Closing on Traffic Ahead
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Ost
Is there a chance that they can have SMD affidavit in court simply without sending it to me?
I suppose it might be possible but very unlikely. When the prosecutor sends discovery materials, they also send the court an exact duplicate of what they sent you. In the unlikely event the officer filed an SMD affidavit but the prosecutor did not send it to you, you could move for dismissal due to the missing discovery.
Re: What Does it Mean to be Closing on Traffic Ahead
Searcher99, the proper motion in this case would be to move to dismiss the case entirely for lack of foundation. There's no foundation on anything here. Not just the speed.
Re: What Does it Mean to be Closing on Traffic Ahead
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BrendanjKeegan
Searcher99, the proper motion in this case would be to move to dismiss the case entirely for lack of foundation. There's no foundation on anything here. Not just the speed.
Thank you very much BrendanjKeegan. Would you recommend me to announce that I have motion to dismiss the case for lack of foundation immediately when my case is called?
Re: What Does it Mean to be Closing on Traffic Ahead
Thanks Brendan, I definitely was remiss not to say anything about lack of foundation.
Ost, how did you do in court today?
Re: What Does it Mean to be Closing on Traffic Ahead
Searcher99, Brandan, thank you very much for you help and guidance. Case dismissed. I used your recommendations and said that I have motions. The judge was very nice gentleman and was also surprised that there is no sworn statement, etc. So it took just 2-3 minutes and I was free to go. I greatly appreciate you taking time to help with it. Thanks again for your attention and have a great rest of the week. Yours, Ost.
Re: What Does it Mean to be Closing on Traffic Ahead
Congratulations Ost, and thanks for updating us. I would have been shocked if you didn’t get a dismissal on that one.