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  1. #1
    Join Date
    Jun 2011
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    9

    Default Discovery for a Washington State Speeding Ticket

    My question involves traffic court in the State of: Washington

    I was cited for traveling @ 86 mph in a 70 mph zone, westbound on I-90 a couple miles west of the pass. Below are the results of my discovery request (online request was really fast BTW). The SMD certification document(s) for the SMD(s) used in my case can be found here:

    https://fortress.wa.gov/wsp/smdsearch/

    Search for L1385 and R2414 for Certification Reports

    Citation:



    Report:



    My initial thoughts based on research on this forum is to utilize the Mociulski defense since my SMD certifications use the same third-person dialog.


    [NOTE: This is a new thread created to focus discussion on the necessary details only and provide discovery materials in the first post for easy reference. A slightly related thread on this case can be found here: http://www.expertlaw.com/forums/show....php?t=123250]

    [EDIT: Added a quick research snippet I found]

    I read some sections of the Laser III manual posted online and this segment caught my eye:

    Like radar, the ProLaser III is only a tool to be used by the operator. It is not a primary function, but secondary to the operator's visual estimation of speed. Tracking History of the target vehicle is essential, even with a laser based device.
    1. Visually observe target vehicle and estimate its speed.
    2. Obtain a locking tone.
    3. Obtain a speed reading with the laser and compare the speed readings with the visual estimate. This should be done over a period of time, usually 2-4 seconds.
    ...there are several anomalies that may affect the operation of the laser. Therefore, careful Tracking History, as with radar, will eliminate or reduce misinterprested readings.
    Since their case report language does not indicate a solid tone was acquired nor does the officer comment as such, is that useful argument?

  2. #2
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    Default Re: Discovery for a Washington State Speeding Ticket

    If he's subpoenaed to appear, you can question the officer about the locking tone at the hearing. I would argue that it's implied.

  3. #3
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    Jun 2011
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    9

    Default Re: Discovery for a Washington State Speeding Ticket

    Quote Quoting Mr. Knowitall
    View Post
    If he's subpoenaed to appear, you can question the officer about the locking tone at the hearing. I would argue that it's implied.
    I hear you on that, but I'm curious to know why a majority of other enforcement bureaus seem to feel it's necessary to include a comment about the tone in their statements.

    On another note, is there any useful argument derived from the officer's failure to indicate whether I was approaching or receding from his location?

  4. #4
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    Jun 2011
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    9

    Default Re: Discovery for a Washington State Speeding Ticket

    Well unless indicated otherwise, I think I'm going to borrow from a previous poster's planned statements as they seem perfectly suitable.

    http://www.expertlaw.com/forums/show...=115710&page=2

    -If prosecutor is present, try to negotiate a plea to a non-moving violation, mentioning that I will move to supress based on questionable usage of SMD device and lack of necessary certification
    -(if that doesn't work, or if there is no prosecutor) Ask judge if I can still ask for a deferal after making motions (who knows, maybe the judge will be accommodating)
    -(If he says no) request a deferral
    -(If yes) then I say, (1)"I move to suppress the SMD certification affidavits from the SMD experts Steen Nicholson and Anthony Hillock. Both state their qualifications as required. However, both state in their respective certifications that, “On the date indicated in Exhibit “A” which follows, each SMD was tested under the direction of a certified SMD expert.” Neither testifies to being the expert that did supervise or did perform the required testing. According to the case Bellevue v. Mociulski, "the authentication of the speed measuring device involves a compound determination. Before the machine is deemed reliable, the witness testing the machines or monitoring the testing must first show his/her qualifications to make and/or evaluate the tests. The witness must first qualify as an expert via knowledge, skill, experience, training, or education. ER 702. After the witness has qualified as an expert, he/she must show that the machines passed the requisite tests and checks. Only then can the speed measuring devices be deemed reliable." This position was further affirmed by the case Bellevue v. Hellenthal. Both Mr. Nicholson and Mr. Hillocks’ testimony fail to establish either one of them as either the SMD tester or testing supervisor for SMD tag # R2440, the SMD used by Trooper Ward in the issuance of the NOI. Therefore, per Rule ER602, both lack personal knowledge of the SMD testing and may not testify." (2) "I move to suppress the NOI, it states the law as RCW 46.61.400, but this law actually has three subsections. Without knowing specifically which subsection I am accused under, it is not possible to formulate a defense."
    -(If the motions are denied) Request a deferral

  5. #5
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    Jun 2011
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    9

    Default Re: Discovery for a Washington State Speeding Ticket

    Trial is coming up on Tuesday of next week, so I wanted to give this one last bump in hopes of any additional words of advice / feedback on my plan.

    Cheers.

  6. #6

    Default Re: Discovery for a Washington State Speeding Ticket

    Curious how this defense worked for you. I received a ticket for 75mph in a 60mph zone on I5 in Pierce county. My hearing is next month. I'm trying to formulate my best defense.

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