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  1. #1
    Join Date
    Nov 2011
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    4

    Default Speeding and Following to Closely, and the Bellevue V. Mociulski Case

    My question involves a traffic ticket from the state of: Washington, Pierce County

    Stopped for speeding and also written for following to close. Happended on 16 going east right after union st exit, passing a slow moving honda civic (green) Oregon plates, went into right hand 3rd lane, acellerated to pass and then moved back over, the lane disappears so I sped up to complete the pass in time. Trooper came up from behind faster than me so I slowed so he could get in before lane disappeared and he hit his lights. I dont think he could have seen the small car in front of my truck, when he was coming from behind, to say I was 10ft. Also he said I was doing 72, but wrote ticket for 70 in 55. Lastly, I didnt have my registration in truck (it was with new truck paperwork at home) but he did not check that box. See attached discovery, I requested audio/video, but did not receive. The neg1 was >10yrs ago when I was in the army, since it came with discovery is there a way a prosecutor can use it against me. Should I just hire a traffic attorney and if so who??? Thanks a bunch for looking and helping. Happy Holidays.

    how do I attach the pdf with my discovery papers for you to review???

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Speeding and Following to Close- Will Use of Bellevue V. Mociulski Cover Both

    I'm not sxure how Mociulski helps you with following too close at all. It talks about the admissibility of a radar certification report over the technician actually testifying.
    Further, it's doubtful it helps you with the speeding ticket either. Did they give you the certification document in the discovery?

  3. #3
    Join Date
    Mar 2010
    Location
    Snohomish, WA
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    1,588

    Default Re: Speeding and Following to Closely, and the Bellevue V. Mociulski Case

    Quote Quoting ucme2p
    View Post
    how do I attach the pdf with my discovery papers for you to review???
    Use imageshack or photobucket to upload and host it, then post the link.

  4. #4
    Join Date
    Nov 2011
    Posts
    4

    Default Re: Speeding and Following to Closely, and the Bellevue V. Mociulski Case

    I will have to do that from home computer, work won't let me. Please keep eye on thread I will get docs up, prob not till tomm. I am on call tonight. Thanks again.

  5. #5
    Join Date
    Nov 2011
    Posts
    4

    Default Re: Speeding and Following to Closely, and the Bellevue V. Mociulski Case

    Finally got discovery documents up, thanks for your patience, please review and advise, if I need I will hire traffic attorney, court dat is 18Jan12. Thanks again and happy holidays.

    http://s1185.photobucket.com/albums/z360/ucme2p/

  6. #6
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Speeding and Following to Closely, and the Bellevue V. Mociulski Case

    RADAR in same lane, moving mode, using the front antenna, with you receding his location (pulling away), and the RADAR's tone was increasing in pitch? Physically impossible. The Doppler effect works in exactly the opposite manner. Think of it. When a train or diesel truck approaches you with the horn blaring and passes by... what happens? It appears to change from a higher pitch to a lower pitch tone. The exact same thing happens with radio waves. If you were going AWAY from the source, as the officer denotes you were, the pitch has to be decreasing in tone. Period. The officer is not exempt from the laws of physics.

    Also, the officer's entire statement is a boiler plate and is not properly signed. There is no date, and he does not say that he enters his badge number to authenticate his signature. Also, it does not reference YOU by name, the date, or the notice of infraction anywhere. Quite literally the only thing linking the NOI and the statement is the paper clip or staple holding them together.

    I would move to suppress the officer's statement because it is improperly signed then move for dismissal on both counts for a lack of any evidence.

    Oh, is there any chance you could flip your documents over? It makes it very difficult to read them upside down.

  7. #7
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Speeding and Following to Closely, and the Bellevue V. Mociulski Case

    Well crud, I was editing my second paragraph and ran out of time. D'oh.

    The officer only mentions a date in passing "on the date and time listed on the NOI". I don't think this will cut the mustard, since the statement is not dated, and the statement makes no reference to the notice of infraction's number.

    Other notes:
    1. The officer does not state where HE was in his statement at any time.

  8. #8
    Join Date
    Nov 2011
    Posts
    4

    Default Re: Speeding and Following to Closely, and the Bellevue V. Mociulski Case

    I flipped them so hopefully they can be read now, sorry about that!

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