Issued a Paced Speeding Ticket When Not Actually Speeding
My question involves a traffic ticket from the state of: Washington. In Kowlitz county, A.K.A., the WORST :mad: To start, I was NOT speeding. I was going exactly 70 in a 70 with cruise control set, slowed down to 60 BEFORE the 60 sign came up, and was pulled over as soon as we got in a contruction zone. I was very aware that this cop was following me for a while, but must've thought I was somebody else the way he describes the ticket.
POSSIBLE ARGUMENTS
*He claims to have used both his radar and his vehicles speedometer to pace me. See argument 2. ->
*He fails to cite his speedometer's callibration. Can I make him provide that in court, if he has none, is that grounds for dismissal?
*He doesn't cite any pace training, can I make him provide that in court?
*He fails to cite his vehicle's distance from my car during the pace as well as his position during the pace (being behind somebody is most accurate).
* The ticket says my vehicle's speed was 65, but he states it was 70, does that give me anything?
**He fails to cite his patrol car? He refers to it, but to what extent is he required to describe it per IRLJ?
Here's the discovery
https://imgur.com/a/rIjNjw6
Let me know if you catch anything I didn't. Also what IRLJ or ER the officer may have violated so that I can reference to the judge.
Oh and I never said "I didn't see any signs" my buddy might've to try and weasle out of it, but I'm not dumb enough to say that.
Re: Illegal Speeding Ticket with a Claim of Pacing
First some good news, the officer will not show up unless you subpoena him, don't do it. The only evidence presented will be his statement.
More good news, he does not state he tested his radar unit that day and does not identify the tuning forks so move to suppress any reference to radar measurements before his statement is read into evidence.
I will let others reference what is required for his speedometer. I suspect that since he does not identify his patrol car by any unique means (VIN, plate number, etc.) that would be grounds to suppress his speedometer readings. since any speedometer calibration data cannot be linked to the incident in question. Since the vehicle is not identified there is no way to demonstrate that the speedometer was or was not working properly.
The rest of your arguments not relevant and will not help you in any way.
Also, the standard to be found guilty is preponderance of evidence, not beyond reasonable doubt. If the speedometer reading/pacing is allowed as evidence you will almost certainly be found guilty.
Re: Illegal Speeding Ticket with a Claim of Pacing
Quote:
Quoting
joef
First some good news, the officer will not show up unless you subpoena him, don't do it. The only evidence presented will be his statement.
More good news, he does not state he tested his radar unit that day and does not identify the tuning forks so move to suppress any reference to radar measurements before his statement is read into evidence.
I will let others reference what is required for his speedometer. I suspect that since he does not identify his patrol car by any unique means (VIN, plate number, etc.) that would be grounds to suppress his speedometer readings. since any speedometer calibration data cannot be linked to the incident in question. Since the vehicle is not identified there is no way to demonstrate that the speedometer was or was not working properly.
The rest of your arguments not relevant and will not help you in any way.
Also, the standard to be found guilty is preponderance of evidence, not beyond reasonable doubt. If the speedometer reading/pacing is allowed as evidence you will almost certainly be found guilty.
How would you go about suppressing evidence in traffic court? I planned to go about this myself, sort of an uphill battle, but I’m a hard worker. How do I move to suppress this info? I assume it would involve a written request to suppress said claims and a basis as to why directed at the judge of course. Do I just give it to the judge as soon as I see said judge? What are the reasons said things need to be suppressed i.e. what IRLJ did he violate/ fail to cite?
Thanks for the reply by the way, greatly appreciated
Re: Illegal Speeding Ticket with a Claim of Pacing
Clerk: "Case Number 8Z0372952, State v. Apex_Superior."
You: "Good morning your honor, Apex appearing Pro Se (Pro-Say) today. I have a few 'pre-trial motions.'"
Judge: "Go ahead." -OR- "I'll read the officer's statement for the record and then you may proceed with your 'pre-trial motions.'"
You: "You honor, I move to suppress any and all references to speed within the officer's statement. The State has failed to show that these speed readings are accurate under the standards set by Spokane v. Knight and IRLJ 6.6. Namely, that the Speedometer AND Radar Device had been properly serviced and calibrated. Notwithstanding any further expert testimony as to the accuracy and calibration of this speedometer, I request that any reading from it be suppressed. Likewise, the officer has not testified to his training and/or experience in operating a Radar Device, or that the device was even tested in accordance with standard procedure, as is required to show that it was working properly at the time of the stop. I would therefore move to suppress those readings from the Radar unit as well."
Judge: (Something along the lines of) "Granted."
You: "Your honor, I now move to dismiss this case for lack of evidence."
Problem solved. Any further questions?
Re: Illegal Speeding Ticket with a Claim of Pacing
It looks like the officer intended to submit this as a radar ticket, but checked the wrong box. It seems unlikely under Washington's system for handling tickets that the error will be caught and corrected before the hearing and, without the officer present, there would not be anybody present in court to petition for amendment of the ticket.
Re: Illegal Speeding Ticket with a Claim of Pacing