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  1. #1
    Join Date
    Jul 2012
    Posts
    23

    Default Ticketed for Speeding in Pierce County, Washington

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

    My court date is tomorrow morning (7/27/12) at the Pierce County District Court in Tacoma. I need help/advice on how I will go about my case. Here's my situation:

    I was driving south bound on the I-5 with my 17-year-old son and 16-year-old daughter. We were on our way to my children's school in Tacoma. I was driving on the carpool lane, with my cruise control speed set just under 65mph. There were no cars in front of me, but there was one car trailing behind me, with no other cars behind the trailing car.

    A black, American-made car, which looked like a muscle car, was on the shoulder of north-bound I-5 (opposite my direction), and does a fast U-turn on a divided median towards the south-bound traffic of I-5. It was a fairly-quick U-turn (not slowly) on a divided median. The car did this as I approached the median. While this car was doing his u-turn, I pointed out the car to my kids and told them that a stupid person was doing an illegal turn. I flashed my bright lights in rapid succession to alert the driver of my approaching car. I did not honk my horn. As the car finished his turn, it looked like it could have side-swiped my car because there was not much allowance on the side of the road. Even though there was a car trailing (not very close) behind me, the car that just made the u-turn on the median merged on the carpool lane behind me. After a couple of seconds, the car's flashing lights turned on, and that's when we all realized that it was a police officer.

    It took me a while to change lanes. I was being very careful because I had my kids with me. I ended up going to the extreme right-side of the I-5 and parked right before the Emerald Queen Casino Hotel exit.

    The state trooper walked up to the right side of the car and asked me if I knew what I just did and I said no. He said that he clocked me doing about 73 miles per hour and asked for my driver's license and insurance. I pointed out that he was driving an unmarked car. He told me that yes, he was a state trooper driving an unmarked car. I then told him that I didn't know that he was a state trooper, that I thought he was just a stupid person doing an illegal u-turn that almost hit my car, which was the reason why I flashed my bright lights. He said that it was legal for emergency vehicles to make a turn in that area. I then pointed out to the state trooper that he was not driving an emergency vehicle and that this situation was not an emergency. He then started talking in a calmer and low voice and told me again that I was going 73mph and asked for my driver's license and insurance information. I told him that I was driving with my cruise control on, which my kids could attest to, and that I was definitely not going 73 miles per hour, especially since I had my kids with me. He asked what I had my cruise control on, and I told him that it was not over 65. He asked for my driver's license and insurance in a firmer voice, which I then gave to him.

    After a few minutes, he came back and told me that he was citing me for speed, but since my documents were in order and all of us were wearing our seat belts, that he would not show that I was doing 13 over and only show that I was just doing 5 over the speed limit.

    =======================
    Here's a photo/diagram of what happened:
    http://sdrv.ms/MZXaCs
    =======================

    On the 14th day before the court date, I went to the Pierce county District Court in Tacoma.

    For the Discovery Request, I used the form that Barry had provided on this forum. I called the Clerk of the Court to ask where to find the Prosecutor's Office, and she gave me directions. When I got there, I handed over the papers to the secretary/receptionist inside the Prosecutor's Office. She looked at them and told me that I should go to the 2nd floor and the people there should handle the papers. I then told the person that I'm supposed to serve the request on the prosecutor before I file a copy with the Clerk of the Court on the 2nd floor. She insisted that I go to the 2nd floor, which I did.

    On the 2nd floor, I showed the paper to the Clerk of the Court and told her that I was downstairs in the Prosecutor's Office and was told to go to the 2nd floor to have it handled. She looked at the paper and smirked. After reading the contents, she handed the paper back to me and told me that I didn't need it. I told her that I needed to file it after having it stamped with the date and time. She told me that I didn't need that paper and that she would get me what I needed. I waited by the clerk window for about 5 minutes. She then handed me over a copy of the ticket with the officer's sworn statement, a copy of my driving record, and a paper with details on how to get the SMD certification off of the Internet. I was confused at this point because that was not how I thought things would happen.

    The state trooper filed the paperwork on time.

    Here are the ticket (3 pages) with the officer's sworn statement:
    http://sdrv.ms/PwIYUS
    http://sdrv.ms/PwJHFJ
    http://sdrv.ms/Ommq9b

    Here's the directions to download SMD/Lidar Certifications:
    http://sdrv.ms/PwKBlA

    Here's the SMD/Lidar Certification:
    https://fortress.wa.gov/wsp/smdsearc...onDisplay/1610

    I would appreciate any help/advice. Thank you.

  2. #2
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Ticketed for Speeding in Pierce County, Washington

    "Your honor, I move to dismiss the infraction as there is no testimony that supports the fact that I was exceeding the posted limit. The officer has failed to indicate the readout of the SMD and has not even given a visual estimate to the alleged speed."

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Ticketed for Speeding in Pierce County, Washington

    They seem to have failed to provide you with all the discovery documents. The officer's statement refers to an attached affidavit, but no affidavit is attached.

    That missing affidavit would contain all the information about the SMD proper usage and your measured speed. Since this was not provided in discovery, you should move to exclude it as evidence. Without that evidence, then move to dismiss because there is no evidence of your speed.

  4. #4
    Join Date
    Jul 2012
    Posts
    23

    Default Re: Ticketed for Speeding in Pierce County, Washington

    Thank you so much for the replies. I am really nervous since I've never been to a traffic court hearing. I have been reading posts on this board, hoping to see more samples of motions and the proper way of saying them. I am planning on saying the following (please let me know if I need to say something else, etc.) :

    "Your Honor, I would like to make a motion to exclude the officer’s affidavit as evidence since it was not provided in Discovery.”

    then -

    "Your Honor, I move to dismiss the infraction as there is no testimony that supports the fact that I was exceeding the posted limit. The officer has failed to indicate the readout of the SMD and has not even given a visual estimate to the alleged speed."

    Thanks
    ---===== gail

    - - - Updated - - -

    The judge read the officer's affidavit after she read his notes. After being sworn in, I proceeded to say:
    "Your Honor, I move to exclude the officer's affidavit as evidence since it was not included in Discovery. I only received a copy of the ticket with the officer's notes, a copy of my driving record, and a sheet with instructions on how to obtain the SMD certification."

    Case dismissed! Thank you for all the help!

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