How to Contest a Speeding Ticket in Seattle
My question involves a traffic ticket from the state of: Washington
I received a speeding infraction in the City of Seattle on 4/8/2016 at 10:37 a.m. for going 48 mph in a 30 mph zone. The infraction shows two violation codes which are SMC 11.52.04016U - Speed 16-20 mph >limit in 40 & under zone and SMC 11.52.040 48/30 @ 565.2 ft. SMD. When the officer returned to my car with the ticket, he said that since I have a clean driving record I should consider requesting a deferral.
Based on advice I read on this site, I waived the pre-trial hearing and requested a contested trial which is scheduled for Friday, 6/24/2016 in the Municipal Court of Seattle. There were no errors on the ticket the officer provided me at the time of the incident. So far, no statutory dates have been missed including the infraction filing date which was the same day on 4/8/2016. I sent in my discovery request on 5/21/2016 and just received back the officer's statement which is where I need the help and advice of the members of this forum. Also, I did not subpoena the police officer.
The officer's statement is as follows:
SEATTLE POLICE DEPARTMENT
The information continued on the front side of the Notice of Infraction ("NOI") is incorporated by reference in this narrative report. While employed by the Seattle Police Department as a uniformed police officer, I had a clear and unobstructed view of the following incident. I was using a Kustom Pro Laser III LIDAR speed measuring device, serial number PL33829, to monitor the speed of passing traffic. I have been instructed and certified in the operation of the LIDAR and was using the device as instructed.
I was parked in the 2600 block of 15th Ave. W. within the city limits of Seattle. The posted speed limit at this location is 30 mph. I visually estimated the vehicle's speed at 45 mph. I placed the LIDAR unit's red reticule sight on the defendant's vehicle and activated the LIDAR unit. I was able to obtain a clear tone and a reading of 48 mph on the LIDAR unit, at a distance of 565.2 feet, which was consistent with my visual speed estimate.
Consistent with my training, I tested the LIDAR unit both internally and externally both before and after this incident. I conducted the Fixed Distance check, the Heads Up Display (HUD) alignment test, and the Delta Distance check using distances of 75 and 100 feet, at the SPD traffic section garage, 2203 Airport Way S., Bldg. C. I personally measured the two distances (75 ft. & 100 ft.) with a certified steel tape measuring tape. The LIDAR unit passed each of the required checks which indicated it was working properly at the time of this incident. A certification of calibration and accuracy is on record with the Seattle Police Department and the Seattle Muni-Court. The officer did sign and date his statement under penalty of purgery.
The officer's statement has nothing written in the traffic section regarding the traffic conditions or in the section for weather. By the way, at the time of the incident, I would classify the traffic as moderate and the weather was clear with broken clouds. I had just entered 15th Ave. W. from the on-ramp and was going Southbound as the officer's statement indicates but I never saw him on the West side of the road in the 2600 block. His statement does not indicate whether he was on the East or West side of 15th Ave. W. There was a black Volvo SUV in front of me as I was merging and I realized I forgot something back at home and moved over to the left hand turn one to turn around and go back home. At which point, the police officer pulls out from behind the silver Toyota SUV that was following me into the left hand turn lane and turns his lights on. If it makes any difference, I was driving a red Mini Cooper convertible. I was really surprised to be pulled over because I had just merged on with the flow of traffic but I didn't argue with the officer and just took the ticket. I still don't know in the short amount of time I was on 15th Ave. W. which was like about 3 blocks how the officer had clear line of sight with the traffic around me. For what it's worth, as I turned around to go back home after receiving my ticket, I noticed that there were two police officers on motorcycles. I didn't know if they might be working together instead of independently but there was only one officer's name on the ticket I received.
Please let me know if there are any further questions or more information required. Thank you all in advance for your help!
Re: Preparing for Speeding Ticket Contested Hearing - City of Seattle
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I was really surprised to be pulled over
So is everybody who is ever pulled over for a traffic citation.
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For what it's worth, as I turned around to go back home after receiving my ticket, I noticed that there were two police officers on motorcycles. I didn't know if they might be working together instead of independently but there was only one officer's name on the ticket I received.
It's not worth anything.
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Please let me know if there are any further questions or more information required.
Our Washington traffic experts may have some advice but I don't see anything in your post saying that you were driving 30mph and the officer was wrong.
Good luck.
Re: Preparing for Speeding Ticket Contested Hearing - City of Seattle
Redact your personally identifying information (and case number) and post a scan of the entire discovery response.
Re: Preparing for Speeding Ticket Contested Hearing - City of Seattle
Per Speedy's request, I am including a scan of the entire discovery response with my personal information redacted. I would appreciate any feedback and advice from members of this forum. My contested hearing date is next Friday, 6/24/2016.
https://cloud.acrobat.com/folder/f5c...2-a85719546034
Per Speedy's request, I am trying to post a scan of the entire discovery response for my speeding ticket with my personal information redacted. I hope it works this time around (see link below). I would appreciate any feedback and advice from members of this forum. My contested hearing date is next Friday, 6/24/2016.
I'm using Adobe Document Cloud. You can view my file by clicking on the link below:
https://files.acrobat.com/a/preview/...7-3f02023f03a9
You will need to copy and paste this link into your browser but it does get you to the file with my redacted discovery response in the Adobe Document Cloud.
Hi, Speedy,
Per your request, I have attached the entire discovery response to my post with my personal information redacted. I would appreciate your feedback and advice. Thanks in advance for your help!
Re: Preparing for Speeding Ticket Contested Hearing - City of Seattle
Just circling back here. There doesn't appear to be much to work with. You need to find out if the laser was last certified within the last certification window per Seattle's testing standards. Generally it is 1 or 2 years. If it wasn't checked within the last window per their own standards, then you have an argument to nix the speed reading.
The only other argument is WHEN the officer tested it. How long before? How long after? Did he swear to it having passed before or after he actually performed the testing? Hard to say from the statement.