Can You Claim Entrapment as a Defense to a Speeding Ticket
My question involves a traffic ticket from the state of: Washington
An unmarked car swerved in front of my son, then swerved back into the other lane on a Saturday evening. My son thought it was a drunk driver and opted to pass him quickly. He was going up a steep hill in a Jeep, towards a traffic light where he planned to make a turn. The unmarked car then followed him so closely he could not see the headlights in his mirror (violation of RCW 46.61.145), and then pulled him over. Officer said his computer was not running so a ticket would be mailed out and told him he was going 75 in a 40. Charge was filed 5 calendar days later
1) can he win a claim of defensive driving action due to erratic driver behavior in the unmarked car?
2) can he win a claim of entrapment?
3) was the officer required to show any evidence of the alleged violation?
4) if the computer was off does the officer have a valid record?
5) going up a 7.5% grade, approaching a red light, can he present evidence that achieving the alleged speed in such a short distance on such a steep hill is actually highly improbable, and would the judge consider it?
6) how would the officer have determined the speed my son was allegedly driving since he was driving too and not set up in a speed trap?
Any other questions I should be asking?
Thanks!
Re: Wa State Police Speeding Ticket Challenge
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dlwhite
My question involves a traffic ticket from the state of: Washington
An unmarked car swerved in front of my son, then swerved back into the other lane on a Saturday evening. My son thought it was a drunk driver and opted to pass him quickly. He was going up a steep hill in a Jeep, towards a traffic light where he planned to make a turn. The unmarked car then followed him so closely he could not see the headlights in his mirror (violation of RCW 46.61.145), and then pulled him over. Officer said his computer was not running so a ticket would be mailed out and told him he was going 75 in a 40. Charge was filed 5 calendar days later
1) can he win a claim of defensive driving action due to erratic driver behavior in the unmarked car?
2) can he win a claim of entrapment?
3) was the officer required to show any evidence of the alleged violation?
4) if the computer was off does the officer have a valid record?
5) going up a 7.5% grade, approaching a red light, can he present evidence that achieving the alleged speed in such a short distance on such a steep hill is actually highly improbable, and would the judge consider it?
6) how would the officer have determined the speed my son was allegedly driving since he was driving too and not set up in a speed trap?
Any other questions I should be asking?
Thanks!
There are a number of ways to determine speed and one of them is pacing. If the officer knows his speed and sees another vehicle in his vicinity, he can say whether that vehicle is equaling or exceeding his speed. If your son passed him, your son was exceeding his speed. If your son thought he was drunk, passing the other car was marginally stupid, especially if exceeding the speed limit to do so. Rather, he should have called 911 or otherwise reported the erratic driving to the appropriate authorities. Either your son's car can reach that speed on that road or it can't. If you can prove that the car is not capable of doing that, that would be helpful. I don't know what you mean by "improbable." Evidence of the violation is the officer's testimony or statement concerning what he saw. A valid record might be a note the officer made and the officer can testify regarding his recollection. The officer is not required to present evidence until trial. Erratic driving by the car ahead is not entrapment, even if the car is driven by a police officer.
Re: Wa State Police Speeding Ticket Challenge
That's not entrapment, even if we believe your identification of the officer's motives.
There's no exception in the speed to "get around an unsafe driver." You always have the option to slow down to stay further back from him (which is what is usually advised).
The "evidence" in a Washington contested hearing will typically be the officer's sworn statement which will indicate the elements necessary to commit (what speed method was used, calibration information etc...). Your best bet is to have him apply for discovery of the sworn statement and post it and the ticket here and let the Washington state experts look for holes. Since the officer will NOT typically be present, if there are deficiencies in his statement, you can rebut the validity of the statement which means there's nothing to convict you.
The computer is immaterial. Donzoh nicely answered the probability and speed detection.
Re: Wa State Police Speeding Ticket Challenge
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dlwhite
Charge was filed 5 calendar days later
Was it filed within 5 days during court business hours excluding Saturdays, Sundays, and holidays?
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dlwhite
Any other questions I should be asking?
For a pace ticket you will need to serve a discovery request and get the officer’s sworn written statement as flyingron suggested. Chances are the statement will be missing information regarding the patrol car speedometer required in Washington State to lay proper foundation for pace tickets. Your son’s best defense will likely be a preliminary motion to suppress the pace evidence and/or a motion regarding the filing date if it turns out not to be 5 business days.
If you have not already, read the sticky thread Procedural Guide to Traffic Tickets in Washington State which links a discovery template.
Re: Can You Claim Entrapment as a Defense to a Speeding Ticket
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dlwhite
My question involves a traffic ticket from the state of: Washington
An unmarked car swerved in front of my son, then swerved back into the other lane on a Saturday evening. My son thought it was a drunk driver and opted to pass him quickly. He was going up a steep hill in a Jeep, towards a traffic light where he planned to make a turn. The unmarked car then followed him so closely he could not see the headlights in his mirror (violation of RCW 46.61.145), and then pulled him over. Officer said his computer was not running so a ticket would be mailed out and told him he was going 75 in a 40. Charge was filed 5 calendar days later
1) can he win a claim of defensive driving action due to erratic driver behavior in the unmarked car?
2) can he win a claim of entrapment?
He can claim anything he wants to claim but it won't wash.
Speeding up was absolutely the wrong move. When you see an erratic driver up ahead you don't speed up, you slow down, back off, observe, pull over if you have to and you don't proceed until the way is clear.
Accusing the cop of a violation is baloney.
Read the following thread. The driver is in the same fix as your son is.
http://www.expertlaw.com/forums/showthread.php?t=194516
Bottom line: Never speed up to avoid a traffic problem. Nobody gets tickets for slowing down and pulling over to avoid a traffic problem.
Re: Wa State Police Speeding Ticket Challenge
Thanks donzoh1 - clutching at straws here and appreciate your thoughts. It was "improbable" that he could reach that speed on that hill and then stop in time for the light, but not sure how I could present valid evidence to that effect.
thanks searcher99 - the violation was Dec 26th and the charge was filed Dec 31st, but I'll check the pace angle - much appreciated
Thanks Adjusterjack - I've been driving for 30+ years so I know these things - have you ever had a teenage son? :-) My question was not what he can claim, I asked if he can WIN such claims and there's an important distinction there. In any event, it doesn't sound like he could win any of those but I'm getting good ideas from the forum, and those are much appreciated - cheers
Thanks flyingron - I'll get that statement!
Re: Wa State Police Speeding Ticket Challenge
I think to have a good argument here, you need to show the car is not capable of that. In other words, if the car is capable, however improbable, I don't think you win this against the officer's testimony. If improbably means the average driver wouldn't reach that speed, but your son is an above average driver (pun intended) then your probability argument is not raising reasonable doubt.
Re: Wa State Police Speeding Ticket Challenge
Plus the standard is Preponderance of Evidence, not reasonable doubt. As one judge put it, is it more likely than not that your son committed the offense. Hard standard to overcome unless you can get the speedometer calibration thrown out.
Re: Wa State Police Speeding Ticket Challenge
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dlwhite
have you ever had a teenage son? :-)
Yes, so I know just how boneheaded they can be. Yours will be fortunate, indeed, if he learns something from a simple traffic mistake. Mine is 46 and never learned a damned thing from his youthful errors and, tragically, is still making the same mistakes.
Re: Wa State Police Speeding Ticket Challenge
Just to reiterate searcher99's comments...
Specific items to look for in the officer's statement. Type of device used to measure the speed, and if said device is identified in the statement. If it us RADAR, the officer must give a serial number or tag number. If it was a pace, the officer must identify the patrol vehicle. If it's a pace, and the officer's statement fails to identify the patrol vehicle, the judge has no way to convict you because there is no way to tell if or when the speedometer's calibration was checked, hence no foundation.