Results 1 to 10 of 10
  1. #1
    Join Date
    Oct 2010
    Posts
    27

    Default Speeding Ticket Received in Washington State

    My question involves a speeding ticket from the State of: Washington (Gig Harbor Municipal Court)

    I received the ticket (46.61.400 Speeding 21 MPH Over Limit (40 or under) in a 30 MPH zone) on 4/3/2011 and my court date is on 7/12/2011 (received two continuances) and that is exactly 100 days for those that were wondering. As the officer stated in his report, the display on the radar locked at 50 MPH and he visually estimated me going 45.

    I submitted a request for discovery (pictures below) using blewis' discovery form. I received the citation and the officer's statement from the court clerk (I served the discovery request to the clerk and the prosecuting attorney). They added "IRLJ 3.1(b) also specifically makes clear that "No other discovery shall be required." Therefore, you will not be provided any additional discovery you may have requested including speed measuring device certificates admissible pursuant to CrRLJ 6.13(d)."

    I already got the no insurance ticket dismissed so that is not an issue :P

    With that said, my main questions are:

    Is "20 MPH over limit" a different violation than "21 MPH over limit"? Do I have a leg to stand on here?

    IRLJ 6.6(d) states that "Maintaining Certificates as Public Records. Any
    certificate, affidavit or foundational evidentiary document
    allowed or required by this rule can be filed with the court and
    maintained by the court as a public record. The records will be
    available for inspection by the public. Copies will be provided
    on request.
    .." I DID request them. Do I have to request the copies in person? If so, would I do that at the court house?

    Is there anything I'm missing?

    Any help would be greatly appreciated, thanks!

    -Jeff

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Speeding Ticket in Washington State

    If you want to obtain a copy of a record held by a court as a public record, go to the court and obtain a copy. You can expect to pay a copying fee.

  3. #3
    Join Date
    Oct 2010
    Posts
    27

    Default Re: Speeding Ticket in Washington State

    Thank you Mr. Knowitall, I will go in tomorrow. Is there anything I need to specifically ask for? Our courthouse clerks are notorious for saying "I'm not qualified to give legal advise", so you must be very specific when asking for anything.

    Also, I was re-reading over the officer's report and noticed he wrote "I checked the proper operation of the listed Speed Measuring Device prior to and after contact with the defendant. This consisted of two internal checks and two external check(s) using the assigned tuning forks: (tuning fork IDs) The Speed Measuring Device was found to be in proper working order. I was operating the listed SMD based upon a written affidavit confirming the reliability of this unit, and I have successfully completed a Washington State-approved training course in the operation of Speed Measuring Devices (RADAR).

    "Prior to and after"? Could that be be years prior and years after? No specific times or dates are listed. Do I have a case here?

    "based upon a written affidavit confirming the reliability of this unit"? Who is the written affidavit from and when was this done? Is there a case here?

    Thanks for the help guys! I'm just trying to have some fun and learn a thing or two. I'm actually considering changing my major to law.

  4. #4
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Speeding Ticket in Washington State

    Your indefinite time argument is quite valid. Definitely worth a shot, but I've never seen Gig Harbor... so you may find it not working to your advantage.

    What you need to ask for is the "SMD Certification binder for the city." The court clerk will give you it. Flip through it until you find the serial number that matches that on the officer's report. Ask for a copy. Bring it home. Scan and post. If it doesn't exist, then you have a surefire dismissal. Make sure you have the most recent document. Also, Make sure it is notarized and that the document in the binder is not a copy. If it is a copy, let us know.

  5. #5
    Join Date
    Jul 2011
    Posts
    1

    Default Re: Speeding Ticket in Washington State

    I was reading the cops notes in his affidavit...its pretty specific and looks to me like he's got you fair and square on this one. If his radar cert is up to date and the serial numbers match the citation, I just don't see where your fight is on this one.

  6. #6
    Join Date
    Oct 2010
    Posts
    27

    Default Re: Speeding Ticket in Washington State

    UPDATE: SMD Certifications

    Anything here? I think all looks good but I don't really know what I'm doing :/ Is there anything else I should ask for?

    Also, how do I find out if the citation was filed within 5 days or not?

  7. #7
    Join Date
    Oct 2010
    Posts
    27

    Default Re: Speeding Ticket in Washington State

    Any last minute advice? Court in one hour.

  8. #8
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Speeding Ticket in Washington State

    So what happened? I saw you posted almost three hours later in another thread, but never gave an update of how your case went.

  9. #9
    Join Date
    Jun 2010
    Posts
    26

    Default Re: Speeding Ticket in Washington State

    Quote Quoting JRaymond
    View Post
    Also, how do I find out if the citation was filed within 5 days or not?
    The filed copy of my NOI had a big FILED stamp with the date on it [http://www.expertlaw.com/forums/showthread.php?t=104559]. IANAL but maybe you can move for dismissal based on no proof of having been filed on time.

    Sounds like your court date came and went though. How did it go?

  10. #10
    Join Date
    Oct 2010
    Posts
    27

    Default Re: Speeding Ticket in Washington State

    Hey guys, I don't know if any of you has had the pleasure [/sarcasm] of having to deal with the Gig Harbor court house, but I was unable to get it dismissed. The judge didn't even consider any of my motions and honestly was downright rude. In the end I used my deferral. I now understand why my attorney wouldn't even let me pay her to take this case.

    But thanks for all of your help guys! It was a lot of fun doing all this research and has actually got me considering changing my major to law or cyber law as I already have a degree in IT.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Lidar Speeding Ticket Received in Washington State
    By mbova in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 01-11-2014, 01:42 PM
  2. Speeding Tickets: Speeding Ticket Received in Kennewick, Washington
    By TricitiesJohn in forum Moving Violations, Parking and Traffic Tickets
    Replies: 20
    Last Post: 09-19-2012, 08:22 AM
  3. Speeding Tickets: Speeding Ticket in Washington State
    By Slipperypete in forum Moving Violations, Parking and Traffic Tickets
    Replies: 34
    Last Post: 05-03-2012, 09:06 AM
  4. Speeding Tickets: Canadian Received Speeding Ticket in Washington
    By mobius84 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 07-11-2010, 04:08 PM
  5. Speeding Tickets: Speeding Ticket Washington State
    By washdriver in forum Moving Violations, Parking and Traffic Tickets
    Replies: 12
    Last Post: 03-08-2010, 06:57 AM
 
 
Sponsored Links

Legal Help, Information and Resources