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  1. #1

    Default Speeding Ticket in Washington State

    Hey guys,

    I totally forgot that my court date was tomorrow and need to get some help from you.

    From the discovery, city has pretty good evidences against me. I can't find anything to argue except for the subsection. I tried subsection in Bellevue last time I went and it didn't work.

    Another argument I could make is there is certificate for the radar but can't find certificate for the forks used on the website: http://bellevuewa.gov/radar-lidar-certificates.htm

    Please see my discovery and spot if there's anything you can make arguement of.

    https://www.yousendit.com/download/d...Zy9LVlh2Wmc9PQ

    SMD Certificate: http://bellevuewa.gov/pdf/Police/Gen...20Feb%2010.pdf


    Thanks!

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Ticket in Washington State

    In the officer's sworn statement, he fails to list the serial numbers for the tuning forks. All he states is that the forks used were the ones assigned, but without listing the S/N's there's no real way to verify that.

    The main thing I can see, however, is that the SMD certificate is NOT "substantially" in the form expressed in IRLJ 6.6 (b).

    Among other things, it does NOT show the testers "qualifications." This is required by BELLEVUE v. MOCIULSKI, 51 Wn. App. 855, 756 P.2d 1320 (1987), which states:

    Quote Quoting BELLEVUE v. MOCIULSKI
    In fact, the authentication of the speed measuring device involves a compound determination. Before the machine is deemed reliable, the witness testing the machines or monitoring the testing must first show his/her qualifications to make and/or evaluate the tests. The witness must first qualify as an expert via knowledge, skill, experience, training, or education. ER 702. After the witness has qualified as an expert, he/she must show that the machines passed the requisite tests and checks. Only then can the speed measuring devices be deemed reliable.

    On top of that, it is NOT signed under penalty of perjury, which can be presumed to be a requirement pursuant to IRLJ 6.6 (b).

    Without proper authentication, ALL evidence related to speed must be suppressed. In Mociulski, the court held that the radar certification DID "substantially [conform] to the sample certificate provided in the new criminal rules" [changed from JTIR to IRLJ in 1992]. The court then went on to state:

    Quote Quoting BELLEVUE v. MOCIULSKI
    Because the radar device was reliable, the testimony of each officer as to his visual estimate of each appellant's speed and the radar reading was admissible..

    The inverse of that statement SHOULD also be true: If a radar device is NOT properly authenticated, the testimony of each officer as to his visual estimate of each appellant's speed and the radar reading SHOULD NOT BE admissible.

    Maybe some of the others will find things I missed, but that's all I have time for.

    Barry

  3. #3

    Default Re: Speeding Ticket in Washington State

    Hey Blewis,

    Thanks again. I will see what happens when I go to the court tomorrow.

  4. #4

    Default Re: Speeding Ticket in Washington State

    Also, how do I represent someone else? This case is for my family member I'm helping out with.

    Thanks!

  5. #5
    Join Date
    Oct 2008
    Posts
    276

    Default Re: Speeding Ticket in Washington State

    ar eyou an attorney? if not.....good luck.....

  6. #6

    Default Re: Speeding Ticket in Washington State

    Quote Quoting colemac65
    View Post
    ar eyou an attorney? if not.....good luck.....
    Well, I ended up speaking to the prosecutor and took the city's offer which was $124 fine and amend the ticket to non-moving.

    I would've tried to beat it if I could represent for her, but I took the easy way because she didn't have a clue what I was telling her to do..

    Thanks for the help guys!

  7. #7
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Ticket in Washington State

    That's not a bad outcome, considering. Or you could have hired a lawyer for $250, with about the same result.

    Congratulations,

    Barry

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