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  1. #1
    Join Date
    Oct 2008
    Posts
    276

    Default Re: I90 Aircraft Ticket Wa State

    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!

  2. #2
    Join Date
    Aug 2010
    Posts
    9

    Default Re: I90 Aircraft Ticket Wa State

    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.

  3. #3
    Join Date
    Oct 2008
    Posts
    276

    Default Re: I90 Aircraft Ticket Wa State

    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

  4. #4
    Join Date
    Aug 2010
    Posts
    9

    Default Re: I90 Aircraft Ticket Wa State

    Sorry, meant to say to prosecutors office & copy to court. When I get the info... I'll be back! Thanks again to everyone.

  5. #5
    Join Date
    Aug 2010
    Posts
    9

    Default Re: I90 Aircraft Ticket Wa State

    ok, got discovery and scanned images into .jpg format. How do I post them here. 8 pages of discovery. Thanks.

  6. #6
    Join Date
    Nov 2009
    Location
    Federal Way
    Posts
    72

    Default Re: I90 Aircraft Ticket Wa State

    Quote Quoting p4100
    View Post
    ok, got discovery and scanned images into .jpg format. How do I post them here. 8 pages of discovery. Thanks.
    Do you use photobucket? If so upload to photobucket and right click on the image (copy) and then right click in a new post (paste). And they will appear here. If you don't do photbucket, it's free and a good time to start for things like this.

  7. #7
    Join Date
    Aug 2010
    Posts
    9

    Default Re: I90 Aircraft Ticket Wa State

    Ticket pages 1 and 2. Officer Report. Pilot Report





  8. #8
    Join Date
    Aug 2010
    Posts
    9

    Default Re: I90 Aircraft Ticket Wa State

    Aircraft log, Stopwatch certification, mileage certification, distance accuracy



    [


    There are conflicting times of occurance and different vehicles listed. Any suggestions appreciated. Thanks.

    Thinking is this. If I was truly doing the speed that is reflected, why didn't the officer include this speed with the radar gun he listed on the ticket. What speed did he record me at? I asked him when he pulled me over why did he pull me over because I believe I was doing 70mph. Both the officer AND aircraft designates the wrong vehicle during their "testing" program. i.e. Pilot report states that a "green sport utility" vehicle. Officer report states a Volvo 740. Vehicle I was driving is neither type listed. Also, Officer report states ticketed at 12:07. Pilots log states 12:11. Could there have been a green sport utility vehicle. I did see one pass me. Could the pilot have mistaken me because he became distracted? Pilot report filed on 7/20/10. Ticket was on 5/22/10. Anything? Help is appreciated. Thanks again.

  9. #9
    Join Date
    Feb 2010
    Posts
    616

    Default Re: I90 Aircraft Ticket in Washington State

    They've never 'calibrated' the distance or time measuring devices.

    What are the calibration requirements?

    Also they've never calibrated the Nitestar DMI to any standard. At best they've checked it against a WSDOT mark...but they accuracy of THAT distance is unknown and not stated.

    Are these 'calibration methods' accepted?

    The distance between the marks was never 'calibrated' to a NIST verified standard.

    Its late, all I have....

  10. #10
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: I90 Aircraft Ticket in Washington State

    OP, I think your gut instincts are good. Between getting a ticket 4 minutes BEFORE you were "clocked" (and it's not like this could be a "rounding error", since both times are specified to the minute) and BOTH officers getting the vehicle wrong (your car MAY look like an SUV from the air, but the citing officer SHOULD have gotten the make/model from your registration -- so there's NO excuse), you just might get a dismissal.

    Adam's arguments MIGHT fly if an attorney were making them. However, from what I've seen, when a pro se defendant makes those nitpicking arguments, it just tends to tick off the judge -- don't ask me why. Besides, even if you "paced off" the half mile, you'd probably be within the 264 foot margin of error permitted by RCW 46.61.470 (3).

    A possible defense I would like to try sometime is to subpoena the aircraft pilot and ask EXACTLY HOW does he "have personal knowledge that these marks are accurate" (quoting from the affidavit). The ONLY acceptable way would have been for him to have done the measuring -- which, it appears, he did not. If he says that he read the report, I'd move to exclude that evidence for "lack of personal knowledge" and hearsay, pursuant to State v Smith. As headnote 3 in that case states:

    Quote Quoting State v Smith
    [3] Witnesses - Personal Knowledge - Necessity. Under ER 602, a witness may not testify to facts that are based solely on information gathered by someone else.

    Anyway, that would be fun -- for me, at least.

    Barry

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