Washington Speeding: Wrong Date in Officer's Statement

(some tags for easy searching)
My question involves a speeding ticket from the State of: Washington State
King County District Court, Shoreline
Speeding, 46.61.400, wrong date
(sorry about that)


First of all: major props to colemac and blewis -- you guys are awesome and I've learned a lot from reading this forum.

Let's get down to business:

I was cited for 70 in a 60 on 1/9/2010. The citation is for 46.61.400 (no sub). I submitted discovery (thanks guys) and got back the officer's statement, which is clearly a form/template. As I understand, there's no issue with using a template, EXCEPT for 2 major things:

1) He states that I was approaching a slower moving vehicle. I disagree - I was following at a constant distance. This on its own isn't that important...
2) He starts with "On Thursday, June 11, 2009 I was performing assigned traffic duties...." and signed the statement on the same day. NOTE: He signed the statement 6 months before he issued the citation.

My thoughts are that between an inaccurate statement of the facts and the incorrect date, I can call the accuracy of the officer's entire statement into question. He states "I am 100% certain that the radar unit reading was obtained on the defendant's vehicle" -- How can he be certain of that if I was following closely and he couldn't even get the date right?!

I think I have a pretty strong case here, but I'm not exactly sure how I should go about fighting it. I would love some suggestions and advice for exactly what to say!

Thanks in advance for any assistance you guys can offer.

Indeed, your case is strong.

Come up with a few motions for dismissal and write it down on paper and be prepared to read it in court. Have them start: "Your honor, defendant motions for dismissal..."

A good motion for this would be, "Your honor, defendant motions for dismissal on the grounds that the officer signed his affidavit 6 months before the violation took place. Clearly the officer did not know that I, the defendant, was going to commit this violation ahead of time, so how could he have signed the affidavit on June 11, 2009 when he says on the ticket that the violation was committed on January 9, 2010?"

Come up with a few more motions and find maybe one or two more discrepancies in the ticket that you can use as back up plans if this motion doesn't work. It's always good to have a back up.

Let me know if you have any other questions. And remember, no matter what: don't admit guilt.

Brendan

Thank you again Mr Brendon,
I deffinately use your suggestion as a first motion for dismissal stating officer's sworn statement/affidavite 2 days before the infraction ocurred ( xx/10/xxxx instead xx/12/xxxx.

My backup plans are; 1st, Copy of RADAR Technician's certificate indicates that RADAR & tuning forks were were tested more than 6 months ago , officer testified in his statement that he tested/cllibrated radar & tuning forks before and after stops.but didn't gave time & date of that tests.Q Can I ask the copy of his logs showing he actually tested tuning forks before and after stops.
2nd; can I ask Q vehicle maintenance record showing when was the transmission service done & tire changed becouse these two things play critical role measuring speed.

Q How do I find out that officer used SMD/RADAR was laser or infrared equiped. Can I ask officer a copy of his training certificate that he has training on that perticular RDAR.

@Jslsbana:

I'm not entirely sure that you have a case in the calibration of the tuning forks. I think that it is needed to be routinely done every year, although, I may be wrong.

Yes, you can ask for what is known as the radar calibration log. Just fill out a new request for discovery. To prove that he did these tests he needs to have tested them before and after within a reasonable time. A reasonable amount of time is one day before the stop and IMMEDIATELY after the stop.

Asking for the maintenance record of the vehicle is not pertinent to your case because the officer who stopped you was using radar, and not their own speedometer. Therefore, I wouldn't ask for the maintenance record of the car itself. The court will find this amateur.

In response to the last question, you need to look in the affidavit or you can look on the ticket. If it was SMD laser it will say something to the effect of Lidar, if it was Radar it will most likely say RADAR UNIT. If you're still confused, just type out the entire officer's statement and post it on here. Either colemac, blewis or I would be able to help you determine what SMD was used. If you don't want to do that, you can call up the court clerk and they can help you.

As always, let me know if you need further assistance.

Brendan

Thanks Again Mr Brendan, Here is officer's sworn statement with x Mark checked ;

This infraction took place on a public road in the x city of ------.x county of------.
On --/10/----at about --:--hrs,I was in unifarm,working enforcement,with RDAR on s.---th.I observed the subject's vehicle Licence#-----traveling -/B on ------th St. It appeared that the subject's vehicle was traveling in excess the speed posted 25 MPH speed limit.
The speed of the vehicle/violator was measured by my RADAR system to be; 46 M.P.H in a posted 25 M.P.H. zone.
The RADAR system prduced a clear and steady audible tone that was consistent with both the speed reading and my visual observations/tracking history. The RADAR system was being used in x stationary mode. I was using a Dir Gol Eagle II RADAR speed measuring device#-------.This radar unit is calibrated and has been certitied to be in proper working order. I have been trained and qualified in the use of RADAR/LIDAR speed measuring device by the Wa.Cr.Jus.Train. Comm. This RADAR unit was checked both internally and by the assigned tuning forks #------and #------',before and after the stop. The RADAR unit appeared to be working properly.
Additional Notes Id'd by driver, he saw me yet still drove 46 in 25 mph zone.
x The driver identified themselves to me with a ---state dr lic/ID card with pic and sign.
x The dr identified themselves verbally with name and DOB.
x The dr had no idea of their own veh speed.
x The dr cited for ---in a---zone.

Officer's oath Printed name and # Thats all.


ANOTHER Q In the prosecuter's letter; it says, We have forwarded all the discoverablematerial in our file persuant to IRLJ 3.1(b). This is our request for any discovery you may have in regard to this case.
Persuant to IRLJ 3.1(b) the city herby reqests all discoverable materials in the possesion of, or available to the deffendent, including, but not limited to, a list of witnesses that deffendent intend to call at the contested hearing including their names,adresses and phone numbers, a summary of the expected testimony of defence witnesses. THIS IS AN ONGOING DEMAND.

Q What is hidden meanings/purpose of this BOLD sentence THIS IS AN ONGOING DEMAND'

...thread hijack? lol

(standard IANAL disclaimer applies)

@jslabana: The part that says "this is an ongoing demand" simply means that once you send them your list of witnesses, you have to keep updating them with any additional witnesses that you plan to call. That's all. As long as you send them a complete list that doesn't change, then there's nothing to worry about.

Sounds like you've got a very solid case, just like I did.

@skisteven1: Yeah. You got jacked. :) Good answer to the ongoing demand.

@jslablanca: Alright. The SMD used was Radar. Not Laser. Simply a radar gun. Now. Here's what you're letter in response to their discovery should say:

"The defense, _______(enter your full name), intends to call no witnesses to give testimony during this case. We have forwarded all the discoverable material in our file pursuant to IRLJ 3.1(b).

On behalf of the defendant, this is a request for further discovery you may have in regard to this case.

Pursuant to IRLJ 3.1(b) the defense hereby reqests all discoverable materials in the possesion of, or available to the prosecution, including, but not limited to, the radar calibration log that the officer used on the date and time of the defendant's arrest showing proof of calibration both before and after the arrest, and proof of certification that the officer was trained and qualified in the use of the speed measuring device which was used to initiate the arrest."

Put that on form for discovery and mail it. ASAP. Make sure to do everything to have it validly served, I believe you know what those are.

Finally. I just noticed something in the officer's statement. If you wish, you can use this motion as an extreme backup. It is a guaranteed win.

"Your honor, Washington State Courts have taken judicial notice that radar works and is reliable provided that:

The officer is trained in the use of the specific unit,

The unit is tested correctly prior to and after use, and

The testing unit itself is calibrated, undamaged and checked periodically by a qualified facility within a reasonable period of time.

The prosecution has failed to present evidence to the fact that the tuning forks used to test the radar gun were undamaged and in good calibrated working order. Thereby, the prosecution has failed to prove to a legal degree of certainty the accuracy of the radar gun upon which the prosecution has rested its case. Defendant motions for dismissal."

As always, let me know if you have any questions.

Brendan

Anyway, wanted to update the thread on MY case. :) (it's good news)

I had been preparing all week and attempting to figure out exactly what I'd say and how I'd say it, as well as preparing backups. I showed up a bit early, wearing a suit and tie, and began to watch some other cases being heard by the same judge.

The first was a girl who was pulled over in a different area, and who openly admitted to speeding, but was trying to explain mitigating circumstances. As the judge read her file, he realized that the officer had "signed" his statement the day before he issued her citation. Although she had openly admitted to speeding, he said "it must be your lucky day - the officer signed his statement the day before he pulled you over, so it's inadmissible. You're free to go."

...When I heard that, I pretty much relaxed and knew I'd be fine.

The judge called another case, and began reading the officer's statement... "On Thursday, June 11, 2009 I was performing assigned traffic duties....". At this point, I actually interrupted the judge (probably not a great idea). I said "your honor, I believe that may be the wrong case -- that's ver batim how my officer's statement begins.
He asked me: "Are you representing Morales?" (it turns out that if you wear a suit, everyone thinks you're a lawyer)
"No sir. I'm XXXXXXX"
He looked up my case, and saw that it was exactly the same officers statement, and that it had been signed 6 months before the citation was issued.
"This guy must be Nostradamus -- you're both dismissed"

So my case never even got called. It turns out that the other guy and I had been cited by the same officer on the same day, and he submitted the exact same officers statement for both of us (both with the wrong date). And that was it -- no motions to make, no nothing -- just "dismissed".

Needless to say, I'm pretty happy with the outcome. Thanks again to everyone here who helped me prepare :-)

Awesome job. And congratulations on your win. :)

What court was this in? Issaquah has a judge who I do believe who'd make the Nostradamus comment.

Thanks for letting us know.

Brendan

Quote:

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Quoting BrendanjKeegan

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What court was this in? Issaquah has a judge who I do believe who'd make the Nostradamus comment.

Thanks for letting us know.

Brendan

---

This was King County District Court in Shoreline. Unfortunately I didn't catch the judge's name.

Ahh... Shoreline. That's my home court. (The one where I won my first case...ahh reminiscent of the years...)

HELLO, Mr. Brendan. finally I found your responce of Qs in this thread from my forum. Thak You for clearing all the clouds over my head shedding your knowledgable light.

My hearing date is coming 1st week in april, I'l defenatley send a letter of discovery to the city for officer's lidar calibration tuning forks test logs before & after stops, his training certificates, in that perticular radar/lidar directional golden eagle II which was used in my case.

can you please tell me the VALID method of serving this discovery request, I am not sure how to do that.

By the way I found more mistakes in the officer's statement, date & place is missing in his sworn statement . No sign,no date and no place. Instead officer's printed name, badge # and ----county sherrif's office( looks as a palce).

CONGRATULATION FOR YOUR WIN Mr Skisteven1 & THANK YOU for your responce to my 'ongoing demand' explanation Help

the prosecutor will not provide you with the radar calibration etc.....all they are required to provide you is a copy of the infraction, the affidavit.

The info regarding the tuning forks and radar unit will be on file with the court.

It sounds like you already have your affidavit and from what i have read you have a couple arguments.

1. this may be a long shot but motion the judge to surpress the affidavit as the affidavit is not properly sworn in accordance with rcw 9a 72 085. It is not dated nor does the officer indictate where it was signed.


2. the radar unit was tested by the officer both before and after the stop. But he does not say when and is describing an indefinte period of time

3. YOUR HOMERUN!!! the officer has written conflicting information as to when the infraction ooccured.....10th or the 12th.....


And you dont need to respond to the prosecutors request unless you plan on calling witnesses.....

THANKS Colemac65, for your 3 best defence shots for my case. The only weakness in my defence is language/english. I was using Dictionary for communication in this forum. I am OK with my job/daily use of english, my little language mistake doesn't make any defference in my daily life. But in the court a little language mistake can change the verdict.

So I have checked X need interperator in NOI while responding the notice. In case the court doesn't provide me interperator in the court, can I motion for dismiss on the grounds of the Law RCW 2.43.010

YOUR HELP IS APPRICIATED , THANK YOU .

Yeah, Colemac65 pretty much said it. I couldn't have said it better.

The prosecution will most likely say that they do not need to respond to your second discovery request as outlined by Colemac65, however, you may get information back that could help immensely with your case. As I always say, "It doesn't hurt to try."

About using the interpreter: Perfect. Excellent. Just copy and paste the motions you wish to use into a word processing program (word, textedit, works, etc.). You can point to them, one at a time, and have the interpreter read each one of them. This will make his job a lot easier.

If the court doesn't provide you with an interpreter, then yes, you can ask for dismissal based on RCW 2.43.010. I highly doubt this will happen though. The court will have the interpreter there for you. If they don't: yes, ask for dismissal. If it isn't granted, try your best to use your motions. If you can't read them and you end up losing, then when you see the court clerk, ask for appeal forms. But again, there is a 2 in 200 million chance that this will happen.

What COULD happen is the court could be unable to find you an interpreter. If this is the case, do not let them reschedule the hearing date. Object to any rescheduling by saying: "Your honor, the defense has prepared its case and is ready to present today, right now. The defense hereby objects to any rescheduling of my hearing date. If the court has failed to provide me with an interpreter as prescribed by RCW 2.43.010 then the defense motions for dismissal."

I hope this clears up anything that you're scared about. Court can be a scary place, but when you've got the law on your side and you come prepared then more often times then not you will find yourself rewarded. It's really nothing to be frightened of, really. Let the courts work for you. After all, you pay your taxes for them to exist.

As always, more questions will be answered. :)

Brendan

THANK YOU , Mr. Brenden.Mr Colemac,Mr Blewis and all good guys for helping me.

I am starting to organize all of my shots in a way that in case one fails, can use other.