Interesting day in court. Basically I was doomed from the start because as soon as I approached the bench the Judge spilled a full cup of hot tea all over her computer and desk. Also the Trooper was present and the judge allowed him to correct and clarify every hole in his written statement.
My first objection was rejected as the judge said the trooper followed proper protocol when he calibrated his speedometer by himself even though he is not listed as one of the two electronic engineers certified to calibrate SMDs in the affidavits.
Next, the judge ordered a short recess to allow the Trooper time to go out to his car and grab his testing log to prove he tested the SMD the day of the citation before and after the stop. The judge didn't even bother to look at the log when the Trooper presented it to the court.
Next, the judge thought that the Trooper's written statement "I also checked the unit externally using a tuning fork(s)" meant he used two turning forks instead of the one that I argued it meant. "Trooper ______, did you use one or two tuning forks?" Two your honor!
Lastly, the log showing the SMD to be expired was explained by the fact that the logs sent out with discovery are often not up to date. I objected to the lack of discovery issue but again the judge ordered a short recess and allowed the trooper to go out to his car and take a picture of the certification sticker on the SMD. Of course it was current. The judge told me that I needed to state the law where it says SMDs are required to be calibrated every two years. I kept saying, its required by the WA state patrol as written in the affidavit in front of you. She relented but of course the photo provided by the Trooper showed a current sticker.
1. Never ever subpoena the officer. The judge will take their word above yours and allow them to correct any errors in their statement.
2. I should have brought up the fact that the officer was reciting details of a stop that was 3 weeks old in his written state. However, the way it went today, the judge would have recessed for as much time as the trooper needed to reproduce his daily traffic stop log for the court.
3. Even attorneys who are paid $200-300 to clear tickets lose. The one attorney there with 2 client files went 1 for 2.
4. Stay out of Jefferson County. I'll take my disposal income and spend it somewhere else.