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  1. #1
    Join Date
    Nov 2010
    Posts
    10

    Default Speeding 5 MPH Over and Expired Tabs

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

    I received a ticket just after entering a 40 MPH zone from a 50 MPH zone for going 5 over. I also discovered, thanks to the officer, that my license plate tags were expired. I was quite surprised as I have always renewed online when we get the notice for our vehicles. Anyway, The officer gave me a warning about the tags but still issued the speeding ticket. I would much rather have been give the ticket for the tags and not the 5 over.

    Any suggestions? I have had a ticket deferred in the past 7 years so there is no chance of gettings this one deferred....

    Thanks,

    Larry

  2. #2

    Default Re: Speeding 5 MPH Over and Expired Tabs

    Contest, File for discovery, redact identifying information and post your discovery results.

  3. #3
    Join Date
    Nov 2010
    Posts
    10

    Default Re: Speeding 5 MPH Over and Expired Tabs

    So I filed for discovery using the form found on this site and received the paperwork two days later.

    So I looked over everything and the information on the infraction looks correct.

    There is no filing date so I am assuming it is all done electronically now.

    I do have a question about the Laser that was used.

    It says that it showed a visual display of 53 MPH at 907 feet.

    Here is what is said about the calibration....

    "The LASER-SMD #L-1404 was used stationary. I checked the unit, L-1404, at the beginning and end of my shift and found it to be in proper working order. THe proper working order of the unit was checked by internal and external tests. Three function checks were completed including distance, sight alignment, and self check. I Trooper XXXX, was operating the LASER-SMD, I have received instruction and I am qualified operator of the unit."

    What else should I look for?

    Thanks,

    Larry

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding 5 MPH Over and Expired Tabs

    If you don't take the advice you were given -- we really can't help you. Or, since we have no idea what else the officer wrote, do you think we should simply write up EVERY POSSIBLE defense?

    Quote Quoting xanin
    View Post
    ... redact identifying information and post your discovery results.
    Barry

  5. #5
    Join Date
    Nov 2010
    Posts
    10

    Default Re: Speeding 5 MPH Over and Expired Tabs

    Sorry Barry....

    I was ticketed for going 45 in a 40 even though the officer said I was doing 53. His car was positioned just after the speed limit sign where the speed drops from 50 to 40. I feel he got me just before the speed limit sign. I also had expired tabs which he gave me a verbal warning on. I didn't admit to anything.

    I contested and filed for discovery using the form found on this site. I believe it was from Barry.

    I received three forms back.
    1. Washington State Patrol Laser Speed Measuring Device Affidavit
    2. Notice of Discovery Response
    3. Two page infraction

    1. The Affidavit states...

    "I was operating a Laser Speed measuring Device L-1404 at SR290 MP 3, in County of Spokane on 3-19-13 at 07250 hours. I observed the defendants vehicle East bound at a speed which appeared to be in excess of the posted speed limit of 40 MPH. The defendant's speed was visually estimated a 45+ mph. The defendant's vehicle was approaching the Laser SMD and showed a visual display of 53 MPH at a distance of 907 feet. The vehicle was in lane 2."

    Under "I contacted teh driver of the vehicle"
    nothing is checked/marked

    There is nothing under "The defendant stated"

    At the bottom of the affidavit...

    "The LASER-SMD #L-1404 was used stationary. I checked the unit, L-1404, at the beginning and end of my shift and found it to be in proper working order. THe proper working order of the unit was checked by internal and external tests. Three function checks were completed including distance, sight alignment, and self check. I Trooper XXXX, was operating the LASER-SMD, I have received instruction and I am qualified operator of the unit."

    Then the officer has his name listed with the statement that the information is accurate

    2. The Notice of Discovery states that a copy of the notice of infraction and the citing officers affidavit was mailed to me on May 1st. It also states that the state does not intend to call any witnesses.

    3. The infraction has the correct information in terms of my personal information and vehicle information. Only items that are different compared to the affidavit are:

    - vehicle speed 45 in a 40
    - Mile Post 5 (I am assuming this is where I was stopped)

    There is no other information.

    My court date is this coming Tuesday.

    Thanks,

    Larry

  6. #6
    Join Date
    May 2012
    Location
    Issaquah
    Posts
    21

    Default Re: Speeding 5 MPH Over and Expired Tabs

    Quote Quoting larryeliz
    View Post
    There is no other information.
    Larry, the info you posted is helpful but you wouldn't be the first person to transcribe an incomplete representation of your discovery documents. Why not avoid possible snark at your expense and scan/redact/post your docs in their entirety?

  7. #7
    Join Date
    Nov 2010
    Posts
    10

    Default Re: Speeding 5 MPH Over and Expired Tabs

    I have been out of town and have not had access to a scanner. I have finally been able to post the discovery here.

    http://12.17.165.140/discovery.pdf

    Thanks,

    Larry

    - - - Updated - - -

    I'll try inserting a imagefile to make it easier to read...


    Thanks,





  8. #8
    Join Date
    Aug 2012
    Posts
    115

    Default Re: Speeding 5 MPH Over and Expired Tabs

    When was the citation filed with the court?

  9. #9
    Join Date
    Nov 2010
    Posts
    10

    Default Re: Speeding 5 MPH Over and Expired Tabs

    On the same day I received it.

    Larry

    - - - Updated - - -

    So, after doing more research and finding that the measuring device that was used is certified

    https://fortress.wa.gov/wsp/smdsearc...onDisplay/3246

    I am going to contact the clerks office and double check the filing date as there is not a "filing date listed"

    What about the mile post listing? On the infraction it is stated that I was stopped at MP 5 and that he was using his radar at MP 3. If I measure two miles from where I was stopped, and that places him well before the speed drops, could I use that in court? Using google maps, I can measure the distance, and it is not even a mile.

    thanks again,

    Larry

  10. #10
    Join Date
    Feb 2010
    Posts
    152

    Default Re: Speeding 5 MPH Over and Expired Tabs

    What's the speed limit at MP3? If you can show the speed limit there is higher, that could be a good argument.

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