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  1. #21
    Join Date
    Apr 2010
    Posts
    238

    Default Re: Failure to Stop at Stop Sign in Washington

    LEO = Law Enforcement Officer. Have you sent the ticket back and asked to contest the infraction? Has a date been set to hear your case? Have you actually filed for discovery as BLewis suggested? Because from the questions you are asking it sure doesn't sound like it. In your last photo - was it taken from the LEO's perspective? If it was, then it looks to me like you are probably going to end up paying a fine. Police are trained to make visual estimates of vehicle speed and are usually quite adept. Not saying infallible but a judge will generally take the cop's word over the defendant's unless some compelling evidence is presented. The cops word being his sworn affidavit or the officer's direct testimony (if he is present by subpoena). A sworn affidavit cannot change its testimony - it is what it is. An officer, if present, can say whatever he wishes and that will be their testimony.

  2. #22
    Join Date
    Apr 2011
    Posts
    26

    Default Re: Failure to Stop at Stop Sign in Washington

    The "rolled thru sigh at 15mph" remark is the affidavit from discover not the ticket. It did not provide location, and I don't know where the officer was.
    I have did what Barry suggested on this forum. Now I'm waiting for trail. Just want to get some opinions.
    Thanks for inputs.

  3. #23
    Join Date
    Apr 2011
    Posts
    26

    Default Re: Failure to Stop at Stop Sign in Washington

    Good news, case dismissed!
    Lack of evidence. no location or clear view.
    thanks Barry!

  4. #24
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Failure to Stop at Stop Sign in Washington

    You're very welcome. As I stated, it depends a LOT on presentation -- YOU must have done a GREAT job!

    Congratulations! Care to go into some detail? What did you say, what did the judge say, etc. It might help others in a similar situation.

    In any case, though, thanks for letting us know.

    Barry

  5. #25
    Join Date
    Apr 2011
    Posts
    26

    Default Re: Failure to Stop at Stop Sign in Washington

    I said what you recommended.
    Officers statement, He does not disclose what direction or on which street he was located at the time. He also does not state that he had a "clear and unobstructed" view of the intersection. Since we don't know the officer's location or direction of travel, it is likely that the officer may have been going in the opposite direction, he may have had to turn around -- at which time he may have lost sight of the vehicle which actually ran the stop sign and pulled me over because I probably have a car similar to the one he actually saw.

    Can't remember what the judge say or i didn't understand. She did agree to some degree and also added that in the statement, the officer did not indicate what street I was on.
    So it was dismissed.

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