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  1. #1
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    Mar 2011
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    Question Contesting a Speeding Ticket in Kitsap County, Washington

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

    Contesting a 47mph in a 35mph zone. Have received discovery with the officers Affidavit of Speed (Radar) SMD device used as stated on the affidavit: MPH Bee III, KCSO in stationary mode. I have not yet obtained the speed measuring device certificates from the court.

    Some info from the affidavit that would like to know if it is any possible grounds for dismissal...

    The officer made no statement in regards to an approximate distance to my vehicle from the radar, nor in regards to how far away his visual observation of my speed was made.

    Also, BOTH of these boxes were checked:
    The speed was locked @ _ _ _ mph (No speed was indicated in the space)
    Not locked, on the radar unit.

    Does it increase my chances of dismissal since there is no indication as to if the speed was locked or unlocked, while in stationary mode?

    The officer stated, "I have satisfactorily completed the prescribed training course for operation and utilization of radar to determine vehicular speed from the WA State Criminal Justice Training Commission." however, there is no mention as to when he completed the course. Don't they also have to comply with continuing education?

    Also, when I obtain the SMD certificate what do I look for? How recent does it have to be certified?

    I have not submitted a subpoena for the officer.

    Thank you for your help. (My court date is toward the end of this month).

  2. #2
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    Feb 2010
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    Default Re: Contesting Speeding Ticket Kitsap County, Wa

    Can you scan and post the affidavit? That can help me and others come up with some motions for your defense in court.

  3. #3
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    Mar 2011
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    Default Re: Contesting Speeding Ticket Kitsap County, Wa

    Quote Quoting BrendanjKeegan
    View Post
    Can you scan and post the affidavit? That can help me and others come up with some motions for your defense in court.
    Here it is quoted, rather than scanned ( I deleted the infraction # and the officers name and number. Where you see underlines those were boxes.)

    AFFIDAVIT OF SPEED (RADAR)


    (Infraction number was written here).

    On the date and time listed on the document, I was operating a radar unit, a
    MPH Bee III, KCSO #17, Serial #BEE930000925 in Stationary mode, on Greaves Way, in the 3000 block, within Kitsap County, WA. This speed-measuring device is approved for use in the State of Washington. Before and after my work shift, I completed the following tests to verify this radar unit was operating properly:

    1) I tested this radar unit, using the tuning forks that are designated for testing of this particular unit, to determine its functionality and accuracy. Based upon this test, the radar checked as accurate.

    2) I tested this radar unit using the internal testing mode designed to internally test this unit to determine it functionality and accuracy. Based on this test, the radar unit is accurate.

    3) I checked the L.E.D. read out display to insure that all lights were working. This insures the proper reading of the target's speed.
    This speed-measuring device has been checked and calibrated by a technician and certified to be in proper working order. I have satisfactorily completed the prescribed training course for operation and utilization of radar to determine vehicular speed from the Washington State Criminal Justice Training Commission.

    I observed defendant's vehicle: South bound; Alone in the radar.

    The patrol vehicle was parked on the shoulder.

    I visually observed the defendant's vehicle traveling obviously faster than the posted 35MPH speed limit. The radar unit emitted a clear, high, audible tone; the speed registered on the radar unit indicated the defendant's vehicle speed to be 47MPH. The audible tone and displayed speed were consistent with my visual observations. If in moving mode, I verified my speedometer speed with the radar displayed patrol speed and they corresponded.

    The speed was X locked @ _ _ _ mph. X not locked, on the radar unit.

    _ The defendant thought the posted speed was _ unknown; _ _ MPH.
    _ The defendant said his/her speed was: _ unknown; _ _ _ MPH.
    _ The defendant did not have proof of liability insurance.
    _ There were _ _ _ passenger(s) in the vehicle.
    _ Driver was holding a cell phone up to his right ear.
    X Defendant was served their copy of the infraction, advised to read it and respond within 15 days. (My note: this is the only box the officer had checked in this list).
    _ Defendant was served their copy of the citation, advised to read it and also told of their court date on the citation.

    Officer's Comments: _ _ _ _ _. (My note: No comments from the officer were added to the ticket).

    I certify under penalty of perjury under the laws of the State of Washington that I have issued this on the date and at the location indicated on the infraction/citation, that I have probable cause to believe that the named person committed the offense(se), and I have entered by authorized user ID and password to authenticate it.

    Deputy (their name and deputy number was written here) Kitsap County Sheriff's Office, Kitsap County, Washington State.

    Date: (Date of infraction was written here).

  4. #4
    Join Date
    Mar 2010
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    Snohomish, WA
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    Default Re: Contesting Speeding Ticket Kitsap County, Wa

    I can see a few spots that warrant closer scrutiny. He did not give the serial numbers for the tuning forks used (might not need them, however)... the locked/not locked speed... He does not specify which shoulder he was parked on... He does not say he had a clear and unobstructed view of your vehicle... He doesn't state that he has specific training on this radar unit... He doesn't state if it was in stationary or moving mode - he only makes a passing reference to "if it was". I am sure I missed something, but someone else will most likely point out anything I missed.

  5. #5
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    Mar 2011
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    4

    Default Re: Contesting Speeding Ticket Kitsap County, Wa

    Quote Quoting Speedy Gonzalez
    View Post
    I can see a few spots that warrant closer scrutiny. He did not give the serial numbers for the tuning forks used (might not need them, however)... the locked/not locked speed... He does not specify which shoulder he was parked on... He does not say he had a clear and unobstructed view of your vehicle... He doesn't state that he has specific training on this radar unit... He doesn't state if it was in stationary or moving mode - he only makes a passing reference to "if it was". I am sure I missed something, but someone else will most likely point out anything I missed.
    Actually, it IS stated that it was in 'Stationary Mode' (up at the top just after the serial number of the MPH Bee.

    I'm also in question as to whether or not the officer really had a clear unobstructed view because there is a curve in the road, and it's on a hill. I need to go back and pull over on the side of that road and see what their view was like. I was uphill from where the officer was parked with the back of the patrol car facing me, parked on the same side of the road that I was traveling. I did not see the officer outside of the vehicle, which I assume therefore means the officer made the visual observation from their rear-view mirror??? Can a visual 'rear view mirror' observation be contested? Plus, there is not indication as to the distance the visual observation was made, or in regards to the distance for the radar.

    As for both the 'locked' or 'unlocked' boxes being checked, is that applicable for 'stationary' mode? Or, is that only something they would have marked if it was in 'moving mode'?

    So, the forks are supposed to also have a serial number listed?

    Also, in regards to the SMD units certification, what do I look for when I go to view or get a copy of that? Thanks again.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
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    Default Re: Contesting Speeding Ticket Kitsap County, Wa

    Whats with the "IF" in the officer's statement ... he does not know he was moving or not? I think this invalidates the entire statement. If a guy does not know if he is moving or not then he must be on drugs.

  7. #7
    Join Date
    Mar 2011
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    4

    Default Re: COURT THIS WEEK! Contesting a Speeding Ticket in Kitsap County, Washington

    My contested hearing is this week, and the following potential deficiencies below are what I'm going to use in my defense. If anyone could please let me know if they're going to be of benefit to me to use or not, and let me know if I missed anything!

    Ticket Deficiencies???

    On the Affidavit of Speed (shown above in my prior post), the Officer...

    Failed to state the specific serial numbers of the tuning forks, and only referred to the tuning forks as; 'the tuning forks that are designated for tesing of this particular unit'.

    Failed to state if he was trained for the use of the specific radar unit used. He only indicated being trained for 'operation and utilization of radar.'

    Failed to state how far or close he was when he 'observed' my vehicle, and did not indicate he had a clear unobstructed view. (Note: Where I was traveling, there is a curve in the road as well as a hill, which could potentially obstruct the view). He also did not mention if his observation was from inside or outside the vehicle. If he was inside the patrol car, his visual observation was made with him facing the opposite direction, and at best his visual observation was through his rearview or side mirror(s).

    Did not indicate which side of the road his patrol car was parked on the shoulder.

    Did not indicate the distance from my vehicle that the radar was utilized. (Does the RCW require a distance be stated?).

    Note: The affidavit states his patrol car was in 'stationary mode' so is the speed locked vs not locked applicable? Or is that only used if they are moving? Both the 'locked' and 'not locked' boxes are checked with an x in the boxes, and no speed was indicated.

    Things that appear I cannot contest, which appear to be in order:
    The officer filed the affidavit of speed within the same day the ticket was issued.
    The Certificate of Calibration of the SMD appears to be in order, with the testing date within 6 months of time from the certification to the date of the SMD use.

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