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  1. #1

    Default Speeding Ticket Using Pace Method

    My question involves a speeding ticket from the State of Washington.

    The officer pulled me over and stated I was speeding. I did not know what the officer used to stop me for speeding since the SMD or PACE block where not checked at all and he just wrote on the ticket that I was traveling 70+. It was not until I got the the discovery paperwork that I knew it was through pacing where I was going 78 on a 60. He mentioned in the Case Report that he paced me for one mile. I have two questions.

    In the Case Report it states how the patrol car speedometer is checked for accuracy: every 90days by RADAR. He last checked his speedometer on the infraction date with XYZ radar unit. The "unit" serial number was scratched out and another number placed below the scratched out number. No initials or anything saying the officer did the scratching out. What do you think- is this a weak argument for getting this evidence suppressed?

    Second: The location where he pulled me over was less than one mile where I had merged onto the freeway.

  2. #2
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    Default Re: Speeding Ticket Using Pace Method

    Quote Quoting gravityiscool
    View Post
    My question involves a speeding ticket from the State of Washington.

    The officer pulled me over and stated I was speeding. I did not know what the officer used to stop me for speeding since the SMD or PACE block where not checked at all and he just wrote on the ticket that I was traveling 70+. It was not until I got the the discovery paperwork that I knew it was through pacing where I was going 78 on a 60. He mentioned in the Case Report that he paced me for one mile. I have two questions.

    In the Case Report it states how the patrol car speedometer is checked for accuracy: every 90days by RADAR. He last checked his speedometer on the infraction date with XYZ radar unit. The "unit" serial number was scratched out and another number placed below the scratched out number. No initials or anything saying the officer did the scratching out. What do you think- is this a weak argument for getting this evidence suppressed?

    Second: The location where he pulled me over was less than one mile where I had merged onto the freeway.
    \\\\

    I dont believe that the "RADAR" checking is adequate. The speedo must be CALIBRATED not just checked. And does he say he is trained in the checking process or method? His sloppiness suggests otherwise. Did he initial the scratch out? If not, that is an issue too as to who scratched out the information .. it should be a single line with initials. Army's pacing method is on : http://www.expertlaw.com/forums/show...hod+for+pacing I would ask for their method.

  3. #3
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    Default Re: Speeding Ticket Using Pace Method

    Post up the discovery materials.

  4. #4
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    Default Re: Speeding Ticket Using Pace Method

    Quote Quoting gravityiscool
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    Second: The location where he pulled me over was less than one mile where I had merged onto the freeway.
    How would you prove where you entered the freeway????

    And even then the judge will say "eh, so maybe it was only a 100 foot pace...Guilty!"

    Have you checked to see that that Radar unit exists and it was, itself, calibrated?

  5. #5
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    Default Re: Speeding Ticket Using Pace Method

    It would be a death nail if the radar is not calibrated but even if it is, a "checking" of the speedometer is not enough. Good idea to chk the radar.

  6. #6

    Default Re: Speeding Ticket Using Pace Method

    Here's some more information on this case including the docs from discovery. Additionally this ticket has two infractions.

    The distance from where I merged on to the freeway to where I was stopped was 0.6mile.

    Adam:
    My girlfriend was with me at the time when I got stopped; so I may be able to use her as my withness. I just got the discovery paperwork so I will have to find out where to look for this radar paperwork.

    OK....I'm looking for this file attachment button but can not find it...help!

    On my posting rules...it states: "You may not post attachments"

  7. #7
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    Default Re: Speeding Ticket Using Pace Method

    Adam is right. And even if you did bring your girlfriend to court as a witness, she is what is known as a "biased witness." Not going to help your case at all. Ridiculous right? But true.

    To post an attachment, go to photobucket.com or imageshack.com and upload to their server and send us the link.

  8. #8

    Default Re: Speeding Ticket Using Pace Method

    Here the link to the discovery items.

    http://s843.photobucket.com/albums/z...scovery_Speed/

  9. #9
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    Default Re: Speeding Ticket Using Pace Method

    "Your honor, I move to dismiss as there is no record of the speedometer being calibrated by an expert. Nor, does he list his patrol car number so it can be researched. His testimony to something he has no direct knowledge of is hearsay and should be suppressed. Without evidence that the device that determined my speed was calibrated and working correctly the prosecution lacks a foundation. They cannot prove to a legal degree of certainty that I was in fact speeding."

    Edit: "Your honor, I move to dismiss the charge of 'fail to obey signs' as there is no information of where it happened, and what happened. What double white lines? Where are they? The officer doesn't even say that he observed it."

  10. #10

    Default Re: Speeding Ticket Using Pace Method

    BrendanjKeegan:

    Can the prosecution argue that the officer was an expert? How is an expert documented? Where can I find this information to cite? Where else can they argue the radar to patrol number pairing.

    These were the items I requested in discovery:
    ************************************************** *************
    Pursuant to IRLJ 3.1(b), I respectfully request that the Prosecutor’s Office provide discovery of the following:
    1. A list of the witnesses the plaintiff intends to call at the hearing.
    2. A copy of all evidence the plaintiff proposes to introduce at trial for the two traffic violations.
    3. A copy of the citing officer's sworn statement.
    4. Front and backside of Traffic Infraction xxxxx dated xxxxxxx
    5. Calibration and certification log for the SMD used on xxxxxxx in issuance of Traffic
    Infraction xxxxxxx if not on file with the court pursuant to IRLJ 6.6(d).
    6. If “PACE” method was utilized, request maintenance and calibration records of vehicle
    speedometer covering August xxxxxx in issuance of Traffic Infraction xxxxxx
    ************************************************** **********

    The 'fail to obey sign' infraction arguement seems promising. He did state it happened NB on SR167 (case report) and there is a location on the "Location" block (ticket). What do you think?

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