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  1. #1
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    Default Discovery for a Washington Speeding Ticket

    My question involves a speeding ticket from the State of: washington. I recently received a ticket and and am challenging the ticket. I received discovery and the officer wrote the following:
    LIDAR (LASER)

    I observed the defendant approaching my location in excess of the __60__MPH posted speed limit, I obtained a ___77__MPH reading on the defendant’s vehicle at the distance of __764__ feet. The Kustom Pro Laser III SMD, #L1130 has been certified by the factory and State Patrol Technicians and found to be in proper working order. On the day the above mentioned speed was obtained on the defendant, I checked the accuracy of the SMD by: (1) internal self diagnostic test, (2) scope alignment test, and (3) the fixed distance/zero velocity test at __100__ feet prior to the beginning and at the end of my shift. I have been trained in the use and operation of the SMD device.

    My question relates to the fact that the officer stated that I was "approaching my location" however the officer was behind me on the freeway and i couldnt possibly have been approaching his location. The officer was not situated on the side of the roadway. Do I have a valid issue to ask for dismissal?

  2. #2
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    Default Re: 77 in a 60 in Washington State Question on Discovery

    Scan and post.

  3. #3
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    Default Re: 77 in a 60 in Washington State Question on Discovery

    i have a pdf of the ticket but cant figure out how to insert a pdf. Any recommendations.

  4. #4
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    Default Re: 77 in a 60 in Washington State Question on Discovery

    Use photobucket.com or tinypic.com

  5. #5
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    Default Re: 77 in a 60 in Washington State Question on Discovery

    [IMG][/IMG]

  6. #6
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    Default 77 in a 60 in Washington State - Adding Scan of Discovery

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

    Previous post had issues adding attachment links....so here goes. Sorry for the duplicate.





    I recently received a ticket and and am challenging the ticket. I received discovery and the officer wrote the following:
    LIDAR (LASER)

    I observed the defendant approaching my location in excess of the __60__MPH posted speed limit, I obtained a ___77__MPH reading on the defendant’s vehicle at the distance of __764__ feet. The Kustom Pro Laser III SMD, #L1130 has been certified by the factory and State Patrol Technicians and found to be in proper working order. On the day the above mentioned speed was obtained on the defendant, I checked the accuracy of the SMD by: (1) internal self diagnostic test, (2) scope alignment test, and (3) the fixed distance/zero velocity test at __100__ feet prior to the beginning and at the end of my shift. I have been trained in the use and operation of the SMD device.

    My question relates to the fact that the officer stated that I was "approaching my location" however the officer was behind me on the freeway and i couldn't possibly have been approaching his location. The officer was not situated on the side of the roadway. Do I have a valid issue to ask for dismissal?

  7. #7
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    Jun 2011
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    11

    Default Re: Discovery for a Washington Speeding Ticket

    i am really struggling to scan and post a copy. The wording above is exactly what the officer wrote in his response to discovery. Would really love an answer as I have tried for over an hour to get my scan to post...but not sure how to do it. Thoughts.

  8. #8
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    Default Re: Discovery for a Washington Speeding Ticket

    So you can argue about the location and you can argue about the "prior to" clause in his paragraph.

    You can also attack the fact that he tested it but he did not say the results of the test.

    What court is this?

  9. #9
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    Jun 2011
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    Default Re: Discovery for a Washington Speeding Ticket

    Thank you. Its in King County Court, Issaquah WA. That was my original thoughts as i looked at it. When i noticed him, he was in lane 1 and I was in lane 2. He was behind a car (maybe two) as i looked in my rear view, so i also wondered if this particular radar needed clear, unobstructed view, or if he noticed me change lanes and pass someone, the radar emitted a sound and he assumed it was me. Thoughts. He only asked if i knew the speed limit, he never asked me to confirm if i knew how fast i was going.

  10. #10
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    Default Re: Discovery for a Washington Speeding Ticket

    It wasn't a radar device. It was a Laser device. The difference being Lidar can be directed at a car and has much less room for faults than a radar gun. But yes, he needs to have a clear and unobstructed view.

    But he says he has a clear and unobstructed view. So don't worry about it.

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