discovery discovery discovery and please post it here. there seems to be more and more airplane enforcemetn now days and the more info we can get, the more we can hopefully help!
discovery discovery discovery and please post it here. there seems to be more and more airplane enforcemetn now days and the more info we can get, the more we can hopefully help!
Why wouldn't the officer have marked aircraft if it was measured by aircraft as he stated to myself and passenger? Any idea as to what kind of "testing" they'd be doing as he stated upon coming up to my vehicle? I certainly don't like to be part of their "test" when I know my speed wasn't 80 mph. Thanks.
Should I supena the officer? I read through some stuff Barry had written and it suggested that it never really helps. Though I'd like to ask about the measuring via overpass, then radar, then about the "testing". Thanks again.
Really? I am intrigued...I've never heard of an aircraft based radar that can measure vehicle speed....
OP. Two comments-
DO NOT view your court date as an opportunity to get to the bottom of this... just proving they were sloppy or imprecise in their comments and ticket content will not serve your cause. (Or even if they were testing an aircraft and comparing it to your radar measured speed.) You need it to find out the details of their case and THEN decide on a path to undermine their 'facts'.
Proving your speed is 72 and not 80- which seems to be an issue for you- will result in Guilty. I cannot tell you how many times I hear people outraged at the officers estimate then turn around and essentially admit to a speed that is, in and of itself, over the limit. (Like every time I am in traffic court!)
What the officer said to you and your witness is not the facts of your case...the facts will be what is in their statement, and it would not surprise me at all if the story that day and the story on the ticket, are different. The court will believe what is on the officers sworn statement and assume you and the passenger are lying. Unless it is corroborated by, say, video!
Oh, and and if he writes or testifies "The driver stated he was driving 72MPH" they will also accept that as fact.
Best of luck- you have some great help here.
A
if after discovery is completed & you still have ? that need answers, then ask for the person(s) or things be made available to you prior to trial for your investigation of the facts, people, etc. of the case.
dont worry about what he said, or what she said, you need discovery to get this dismissed....trust me on this.....
the only evidence that will be used is the statements that the issuing officer made, the pilot and whomever measured the distance. And all of these can be found by requesting discovery.
I would say that 8 out of 10 people that get discovery and post it up here end up getting their ticket dismissed......
dont subpeoana the officer at this point.......wait to see the discovery items! Ill bet we can find something for a dismissal...
if you are not familiar with these things, it can be frustrating, but in every infraction case, you have to view the evidence and then go from there, everything else at this point is moot........we can all talk about no this happened or no that happened, but the bottom line is the judge only looks at the evidence, and that my friend is what we poke holes in!
Thank you to everyone here!!! I sent certified mail today for discovery to the court. Will come back and post when I get info. Until then....., THANKS AGAIN to everyone here.
you need to send it to the prosecutors office.....not the court.....unless the clerk of court advised you otherwise.
Location
Kittitas County Prosecuting Attorney's Office
205 W 5th AVE Suite 213
Ellensburg WA 98926
Phone
(509) 962-7520
(509) 962-7022 fax
Sorry, meant to say to prosecutors office & copy to court. When I get the info... I'll be back! Thanks again to everyone.
ok, got discovery and scanned images into .jpg format. How do I post them here. 8 pages of discovery. Thanks.