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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Default Wrong Radar Detector Info On A Speeding Ticket

    I received a speeding ticket for going 55 in a 45. After I got home and read the speeding ticket I noticed an error. I was on a stretch of highway that was only a little less than a mile long. However the ticket lists that he clocked me at 55 mph at 11,168 feet. That would be over 2 miles. That's impossible. The higway doesn't have a stretch that goes 2 miles long and I don't even think a radar detector can reach that far. Can I bring this up and contest the ticket? I really think that he was wrong at my speed (I know everyone sais this) but I saw him immediatel when I turned onto the highway an I know I didn't go past 49 mph - not only was I watching my speedometer but I was watching my GPS which lists my speed. I think he was a new police officer because when he pulled me over he forget to ask for my registration and insurance and had to come back after about 5 minutes in his car and ask for it. I really think he was incorrect. What do you think I should do? Thanks for your help. Oh yeah - I'm in Washington State

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Wrong Radar Detector Info On A Speeding Ticket

    Quote Quoting setterman
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    What do you think I should do? Thanks for your help. Oh yeah - I'm in Washington State
    You were ticketed for speeding and will have your say in court. The only thing you can do is pay the fine or appear and present your argument. The rest is up to the judge.

  3. #3
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Wrong Radar Detector Info On A Speeding Ticket

    Quote Quoting M'sta Mikey
    View Post
    You were ticketed for speeding and will have your say in court. The only thing you can do is pay the fine or appear and present your argument. The rest is up to the judge.
    That's certainly true, but it doesn't hurt to have a plan before you go see the judge.

    Here is what I would do. First, I would plead "not guilty" and request a "contested hearing". Be sure to make a copy of your citation (both sides) before you send it in. Remember, in WA state the officer will not appear in court unless YOU subpoena him/her. If you do not, the ONLY evidence against you is the citation and the officer's sworn statement (usually on the back of the ticket that is filed with the court). In this case, that really works in your favor.

    I would then call the Clerk of the Court shown on your citation. Ask them three things:

    1) The filing date of the citation. It must be filed with 5 days of the infraction (not counting weekends and holidays) or you can make a motion for dismissal under IRLJ 2.2(d) at your hearing.
    2) Ask the Clerk to read you the officer's sworn statement. You will still have to formally request a copy through discover, but this will give you an idea of the entire amount of evidence against you.
    3) Get the address of the prosecutor so that you can serve your discovery request. Here's a link about discovery that may help.

    Then, assuming that there are no surprises, go to Google Maps and find the address of the infraction. Print out a copy showing that the entire road is less than a mile long and that the officer could not POSSIBLY have "clocked" you TWO miles away. The LIDAR evidence is, thereby, erroneous. If the officer wrote down the wrong distance, he/she may also have written down the wrong speed. Use that as the basis for an objection when the prosecutor tries to introduce the citation into evidence. And, remember, you must object immediately when the prosecutor moves to admit the citation and the officer's statement. Otherwise, your objection is deemed waved.

    If there is a "surprise" that looks insurmountable, you can always ask for a deferral, if you're eligible.

    Otherwise, with no evidence against you, move for dismissal.

    Good luck,
    Barry

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