Results 1 to 6 of 6
  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Default Moving Radar from in Front in Washington

    Hey all - I've been looking and reading all over the forum and I can't seem to find any valid arguments against this ticket. The only thing I might be able to use are;

    1. he notes that I was both Passing and Not Passing another vehicle
    2. the officer does not state how soon after and before he tested the radar
    3. he doesn't note who is the manufacturer of the device ??
    4. How can he note that I was doing (oddly enough) 2 MPH less than the radar's reading
    5. Do radar devices require a particular distance as he does not note it here?

    My fall back will be a deferral if I can't come up with anything.

    TIA!




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

    Default Re: Moving Radar from in Front in Washington

    Quote Quoting heed1515
    View Post
    1. he notes that I was both Passing and Not Passing another vehicle

    Actually, it says that when he FIRST observed your car you were passing. At that time he "visually estimated" your speed. Subsequently, he activated his radar. At THAT time you were NOT passing another vehicle.

    Quote Quoting heed1515
    View Post
    2. the officer does not state how soon after and before he tested the radar

    He says, "before and after my shift". That's pretty definitive.

    Quote Quoting heed1515
    View Post
    3. he doesn't note who is the manufacturer of the device ??

    No, but you can find that when you go to court to inspect the radar certification (something I highly recommend doing).

    Quote Quoting heed1515
    View Post
    4. How can he note that I was doing (oddly enough) 2 MPH less than the radar's reading

    Not really relevant.

    Quote Quoting heed1515
    View Post
    5. Do radar devices require a particular distance as he does not note it here?

    Nope. It only has a "maximum" distance (usually around a mile).

    Personally, I don't see much here. Perhaps you'll have more luck with the radar cert. Otherwise, as you pointed out, a deferral is looking more and more probable.

    Good luck,
    Barry
    Where am I going? And why am I in this handbasket?

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Moving Radar from in Front in Washington

    Also, I see possible issues:

    Officer never stated that he tested or operated the RADAR unit per the manufacture's recommended methods ...

    Officer did not say he paced the vehicle.

    Officer did not say that he is trained to visually estimate speed

    And the State of Washington did not train him; the state is not an expert in any of the methods listed - it is simply a corporation

    His statement saying that "he was trained in the following devices" does not actually list any device in that paragraph ---

    Nobody can be 100% certain ...

    An good argument could be made that he actually measured his own moving vehicle too from the statements that he made

  4. #4
    Join Date
    Jul 2010
    Posts
    6

    Default Re: Moving Radar from in Front in Washington

    What about the fact that teh report didn't say anythinga bout whether the speedometer of the patro car was calibrated?

  5. #5
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Moving Radar from in Front in Washington

    Here's my advice:

    Go to the court and ask for the WSP SMD and Patrol Car certification certs. Get a copy of the SMD and then get a copy of the patrol car. If there is none for the patrol car, let us know. We need to determine what model SMD was used.

    Brendan

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Moving Radar from in Front in Washington

    I would set up an interrogation of the police officer to ask him questions concerning many of the unknown issues. Its likely the only way to get the SMD model information.

    Or you can simply argue that his statement is so poor that for reasons x,y,z that you cannot determine if the speed was correctly determined.

    I would ask to interrogate the police officer and ask him ? about his training before trial .. you have a right to conduct an investigation beyond just discovery ... so why not exercise this right?? I they refuse to cooperate, they leave them open for a dismissal due to a violation of court rules.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Washington State - Moving Radar 35 in 25 - Mitigation Hearing or Contested Hearing
    By samcrash in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 03-17-2011, 05:28 PM
  2. Moving Radar SMD Speeding Ticket in Washington
    By belikeh20 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-24-2010, 10:33 AM
  3. Speeding Tickets: Moving Radar
    By seattle driver in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 05-25-2010, 09:45 AM
  4. Speeding Tickets: Moving Radar in Ohio
    By evreitor in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 04-01-2008, 10:14 PM
  5. Speeding Tickets: Case Law On Moving Radar
    By jocko in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 01-19-2008, 07:55 PM
 
 
Sponsored Links

Legal Help, Information and Resources