My question involves a traffic ticket from the state of: Washington
I have read through these threads quite a bit thus far, and have already filed and recieved my discovery docs from Pierce county district court. I want to fight this ticket because I was traveling next to a large dump truck carrying rocks that started to fall off the truck when we were rounding a corner. In order not to remain in the debris field, I felt the safest thing to do was accelerate and overtake the truck,and my speed was accentuated by me traveling down a steep grade as well. Immediatley upon doing so, I finished rounding the bend and a WSP patrol car came into view. The officers statement is that I was clocked at 75 using Lidar, and I was issued a citation for 70+ in a 55 under 46.61.400. I pleaded my case with the officer since I have no violations to date and have been driving for 15 years, but to no avail.
The officer's statement I recieved in my discovery was short and sweet. Officer Smallwood states:
"I observed the defendant approaching my location in visual excess of the posted 55 mph limit. I obtained a reading of 75mph on the defendants vehicle at 1616 ft. The ProLaser III SMD, #L1145 has been certified by the factory and WSP technicians to be in good working order. At the beginning of my shift the laser SMD accuracy was checked by (1) internal self-diagnostic test, (2) scope alignment test, and (3) fixed distance/velocity test at 100 ft. I have been trained by WSP in the use/operation of the SMD device."
I looked up the Lidar certificate in the WSP online archive, and under Attachment A I find that the model listed is consistant with the model in the officers statement, however the standards used are listed for the Falcon(which is radar, not Lidar). See below copied from the actual document:
The Washington State Patrol currently uses the following speed measuring device.
TAG NUMBER L1145
MANUFACTURER KUSTOM SIGNAL INC
MODEL PRO-LASER III
SERIAL NUMBER PL12811
This SMD was certified for accuracy on 04/04/2011.
The Washington State Patrol does hereby certify the following SMD meets the
manufacturer’s published specifications and has been certified using standards whose
accuracies are traceable to the National Institute of Standards and Technology.
CERTIFYING OFFICIAL NICHOLSON, STEEN R
LOCATION OF CERTIFICATION TUMWATER
TAG NUMBER S010
MANUFACTURER KUSTOM ELECTRONICS
SERIAL NUMBER FF4304
CERTIFICATION DATE 09/23/2009
I am confused a bit as to what this means but I'm hoping it means they have listed the wrong standards used to certify the SMD and based on that I can move to surpress and subsequently dismiss.
Can anyone confirm this or offer any other advice? As always, thank you for your time and effort!