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  1. #1
    Join Date
    Sep 2009
    Posts
    4

    Default Seattle Speeding Ticket, Can't Find Anything Wrong with Ticket/Discovery

    After great success getting advice from Barry with my last ticket (wrong dates on ticket/statement), I'm a bit frustrated with this latest ticket. I have gone over both the ticket and statement and can't find anything that I know of that would constitute a dismissal.

    Reading through posts, the only thing that seems close is the lack of specificity on the dates of the officer's training and testing of the equipment. The officer states he has been instructed and certified to use the LIDAR, but gives no dates. Same for the testing before and after the incident.

    Is this my best chance? Any other ideas? Or should I go for a deferment?

    thanks as always for the help.

    ps - I tried to post images of the ticket, but says I can't upload attachments. They can be seen below.

    http://www.flickr.com/photos/56315861@N06/5204076135/

    http://www.flickr.com/photos/56315861@N06/5204076287/

  2. #2
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Seattle Speeding Ticket, Can't Find Anything Wrong with Ticket/Discovery

    You're research isn't done yet. Go to the courthouse and find the SMD certs. Copy it. Then post.

  3. #3
    Join Date
    Oct 2010
    Posts
    6

    Default Re: Seattle Speeding Ticket, Can't Find Anything Wrong with Ticket/Discovery

    Lidar most likely has no Judical notice in your state /county. check that out to make sure. That would give grounds for dismissal. Also look into the speed survey for the hwy you got pulled over. check to see if there was one done for the road in the past 5 years.

    Does the discovery say 1k feet for the distance with the lidar? figure out the width of the beam at the distance.

    also here's a good read. http://tipmra.com/sample/tipmra_sample.htm



    see http://mutcd.fhwa.dot.gov/knowledge/faqs/faq_part2.htm

    http://answers.google.com/answers/th...id/145821.html

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

    Default Re: Seattle Speeding Ticket, Can't Find Anything Wrong with Ticket/Discovery

    Haha. good luck with the Tipmra defense. You don't need judicial notice in Washington. There is already expert testimony. You might as well just move for summary judgment.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Seattle Speeding Ticket, Can't Find Anything Wrong with Ticket/Discovery

    I dont think that the absence of a Fry test on the LIDAR unit is grounds for dismissal - it would be grounds for an objection to keep out the LIDAR information from being accepted into evidence at trial & to strike and testimony from it. The OP could begin an investigation as well per WA rules...there generally are no limits as to what can be done in an investigation. You could ask for a pre-trial meeting to interrogate the officer w/o it being a deposition, ask to inspect any ranges used with the LIDAR instrument, ask to inspect the LIDAR instrument, ask to use the LIDAR instrument (easy to video it making errors -- go to youtube & search for similar tests). Then if they refuse your investigation efforts, then you can motion for dismissal on the ground of them not complying with court rules. I have yet to see anyone use the limited discovery rules to this effect...

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