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  1. #1
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Disputing a Radar Speeding Ticket Using SMD Certification

    The SMD certificate might not be on file with the court, but that doesn't mean that it doesn't exist or won't be served in response to discovery -- they still have time. I don't see the SMD's identification number in the materials you provided -- do you have that number?

    You are free to try to argue that you were paying very close attention to the officer's vehicle and that it was impossible that the vehicle was stationary at the time your speed was measured. I doubt that the court will accept that argument, but I won't be the judge.

    Trying an "I wasn't speeding" defense after tacitly admitting that you were speeding at the time you were ticketed is also something of a long shot.

  2. #2
    Join Date
    Sep 2017
    Location
    Washington
    Posts
    3

    Default Re: Disputing a Radar Speeding Ticket Using SMD Certification

    Quote Quoting Mr. Knowitall
    View Post
    Trying an "I wasn't speeding" defense after tacitly admitting that you were speeding at the time you were ticketed is also something of a long shot.
    I may have been going 36 or 37.... In a 35. That's not what I was charged with. The cop was very nice, respectful, etc. and did not seem like the kind of guy to make things up, I think it was an honest mistake or equipment malfunction due to interference.

    Back to the legal aspect...

    Does the court have to supply the certification if they're not going to present it in court? If the court is saying discovery is fulfilled then I would say there's no certification and if they say there is, would I then challenge it as inadmissable because it wasn't produced during discovery?

    Would I have to submit an information request to the LEA? Those take more than 2 weeks.

    I'd obviously rather solve this as a point of law, as explaining how a RADAR unit is interfering with another RADAR unit is not on the top list of things judges want to hear..

    I appreciate your help.

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Disputing a Radar Speeding Ticket Using SMD Certification

    Main thing I see is that the officer doesn't state when he tested the SMD with the tuning forks. Was it that shift, yesterday, last week? The way the statement reads, it makes it sound like he tested it there on the side of the road before the stop.

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