-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