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  1. #1
    Join Date
    Nov 2010
    Posts
    3

    Unhappy Speeding Ticket - Do I Have a Chance

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

    Here's my story. I was traveling behind an older Ford Taurus that was going 53 MPH in the 55MPH zone. He/she would never get over into the right hand lane to yield to the 3 or 4 cars that were behind me. Traffic continued to pass on the right. This happened for about 2 miles. Finally the driver decideds that he wants to get over, and as soon as he gets over I see the WSP on the side of the road. Just about the time it takes for the other driver to get over, the WSP officer has already put his SMD away and is in hot pursuit. I immediately pull over and he tells me I was going 70 MPH. He was gracious enough to give me a 5MPH over, but I still believe this ticket is bogus. He said he "observed a high audible tone", apparently from my car. What I don't understand is how he can hear my car through his helmet, while other cars and trucks are passing, yet when I ask him several questions he tells me he can't hear anything because he is wearing the helmet. I received my discovery using a template I found from here. Any advice or help would be appreciative.

    http://rapidshare.com/files/431704404/binder1.pdf

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

    Default Re: Speeding Ticket - Do I Have a Chance

    Read through this thread. It's almost identical to yours (although the attachments have been removed). The important arguments concerning the SMD certificate, however, are still there -- the certificates in that case were IDENTICAL to yours, signed by the same SMD "experts".

    Good luck,
    Barry

  3. #3

    Default Re: Speeding Ticket - Do I Have a Chance

    Nick,

    Barry's advice is sound. The thread that he linked to was mine. All I did was state, "The SMD certification that I received included a letter from two qualified SMD experts. However, their testimony says that '..each SMD was tested under the direction of a certified SMD expert'. The two experts do NOT testify to performing the tests. Therefore, per Rule ER602, both lack personal knowledge of the SMD testing and may not testify."

    The judge didn't even want the copies of the case law Barry refers to...he just asked for my next motion which he knew was going to be for the dismissal for lack of evidence. It seems that every WSP ticket issued could be dismissed until they get this certification fixed.

  4. #4
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Speeding Ticket - Do I Have a Chance

    I think we should try to attack the WSP tickets from a different angle. If we overuse the same motion, then they're gonna catch on much quicker and change the affidavit. Maybe try a few other motions before using Barry's catch-all?

    Barry:
    What do you think about a signature argument? Trooper Brock is getting REALLY sloppy. I think it's time someone brings that up...
    Or what about a location argument?
    Or maybe if OP has time, the maximum speed limits set by 46.61.400 argument?

    Personally I think the latter of the three would be more fun. But it's really up to the OP.

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