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  1. #1
    Join Date
    Sep 2013
    Location
    Vancouver, BC
    Posts
    5

    Question Speeding Ticket on an Indian Reservation

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

    I have some questions about a speeding ticket (violation of Swinomish Tribal Code 5-01.450) given me by a tribal police. My contested hearing is on this Thu., 9/12. For this fine amount of $195, and because I live in BC, any tickets given outside BC won't go into my driving record nor insurance, I normally just pay it. I'm going to fight because I wasn't impressed with the interaction with the officer, how the speed trap has been set up for years on a location with artificially low speed limit with well engineered road. I was lucky that I happened to be off work on my hearing date.

    * The ticket has different street name than the ones on sign posts (Long John Pvt Dr.). Google map has another name shown (Knudson Ln). Mapquest is the only one I found that matches with the street name on my ticket (12800 block S. Casino Dr, La Conner / Anacortes.)
    * The ticket was served at a gas station, at least 600 yards away from where I think the cop clocked me. To reach the gas station the officer needed to go down the hill on Long John Pvt Dr., go around a roundabout, go under SR20, go around another round about. I doubt he was able to read my plate while clocking me, because his note states his lidar detected my speed when I was 1,000ft away. The reason why the officer didn't stop me at the scene was that I think he was out of his cruiser, hiding in a bush or something to clock drivers, then he had to go back to his cruiser to pursue me. I didn't hear any siren nor see him following me. There's a chance that he clocked somebody else, served a ticket to me by mistake.
    * The technician who calibrated the LIDAR neglected to write the location signed on his Certificate of Calibration. He signed and dated, however.

    Do I have arguments on those 3 points?

    There has been a discussion in the past by a poster ticketed on same road, it has a lot of good information, like map, etc: http://www.expertlaw.com/forums/showthread.php?t=122289

    Somebody said in that thread, unlike other parts of WA, officers need to testify at the court in Swinomish IR or we can make a motion to dismiss if cops don't show up?

    I went through Swinomish Code, but I couldn't find any relevant sections.
    http://www.narf.org/nill/Codes/swinomishcode/

    Swinomish Tribal Court has been efficient and have been in touch with me by mostly email. I took a photos of my signed ticket front and back, then they sent me a notice of hearing by snail mail. I then requested a discovery by email, they emailed me back with it. Saving everybody's money and time.

    The copy of the ticket they have got a court stamp following day from the offence took place. Here's the summary of my ticket:
    Infraction Traffic ....in the Municipal Court of Swinomish Tribal.
    My info....which is all correct...except the race is marked as W, which I'm not white lol.
    Violation date: 8/6/13, 19:00 at 12800 Block S. Casino Dr., La Conner, Skagit.
    My vehicle info, which is all correct, no accident, no CMV, no passengers, no HAZMAT.
    Did then and there commit each of the following offenses: SITC 5-01.450 Speeding, vehicle speed 47mph, in a 30mph zone SMD. $195.00. (referenced code and fine amount correct) Date issued 8/6/13, served on Violator. Officer's signature and ID#.

    Officers Report
    On 8/6/13 at approsimately 1900 hrs. I, the undersigned officer, was operating a LIDAR SPEED MEASURING DEVICE in the 12800 block of South Casino Drive in Skagit County, Washington.

    I observed he defendants vehicle eastbound at a speed that appeared to be in excess of the posted speed limit. I observed a visual display on the LIDAR SMD of 47mph in a 30mph zone at a distance of 971.0 feet. The speed reading was consistent with my visual estimate of the defendants vehicle speed. I contacted the driver of the vehicle, (my name), who had the following comments: blank.

    at the time of the reading, I was operating the LIDAR SMD properly. I checked calibration of the unit before and after the reading on the defendants vehicle by the use of the internal and external checks. I was successfully completed a Washington State Criminal Justice Training Commission approved course on the operation and use of LIDAR SMD and has received instruction in the user of the LIDAR unit used. No Misc. Comments. Traffic: LT, Weather: CL, Street: D, Light: D. Brand: Pro Laser III, Serial # PL26453, Cal. Date 4/9/13.

    Officer's Report for Citation #I xxxxxxx.
    The information contained on this citation is incorporated by reference into this report. I certify under penalty of perjury under the laws of State of Washington that all statements made herein are true and accurate.
    Officer's signature and ID#. Signed in Skagit County, Washington on 8/6/13.

    Certificate of Calibration
    Cal interval: 12 months, Due date: 4/9/14
    Standards used for certification: all with due dates in 2014.
    I certify (or declare) under penalty of perjury under the laws of the State of Washington that the above information is true and correct.
    Calibration technician's signature, Location MISSING, Calibration date: Tue., 4/9/13.



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

    Default Re: Speeding Ticket on an Indian Reservation

    Some streets have multiple names, e.g. "Avenue of the Americas" in New York City. Some streets have names that change with surprising frequency as you proceed down them. If the officer used a street name that is confirmed by MapQuest, odds are it's a valid street name. Note, the street name does not affect an estimate or measurement of the velocity of your car.

    The fact that the officer pulled you over at a different spot than where the officer observed you speeding is not a defense to a ticket. You can argue that it would have been impossible for the officer to read your license plate before pulling you over; I expect that the officer will deny having any difficulty identifying your car as the one he observed speeding.

    Perhaps one of the Washington ticket gurus will comment on possible defenses, including the radar certification issue.

  3. #3
    Join Date
    Sep 2013
    Location
    Vancouver, BC
    Posts
    5

    Default Re: Speeding Ticket on an Indian Reservation

    Avenue of the Americas or 6th Ave., Park Avenue or 4th Ave...

    So here's the outcome. There were only 2 other defendants in that morning, all traffic. I was the first (man I hate that).

    I requested the judge to dismiss my infraction, because the officer isn't present to testify, and there's no where in Sminomish Code says written statement may be admitted as an evidence. He said you're right, in case of criminal, the officers need to be present, but not the civil which includes traffic infractions.

    I somehow then challenged the judge (I don't know why I did that), asking him where exactly is S. Casino Dr. I told him that I passed by Long Jong Pvt. Dr., which has sign posts at both end of the road, and I didn't drive on S. Casino Dr. He said, 'I don't know where that is, but I'm pretty sure it's somewhere in the reservation'. Maybe I challenged the judge, because there was no prosecutor present. Maybe I should've challenged that the prosecutor needs to be present? I've never been to traffic courts without prosecutors.

    I didn't think it was going anywhere, so I pleaded guilty, but I handed the judge my pay stubs, asking for a reduction of fine due to the fact that I'm a low income person. He reduced from $195 to $100.

    Not until on my way back that I remembered I forgot to challenge Certificate of Calibration is missing 'location' right next to the technician's signature and date. Oh well, live and learn.

    This is my first time at a court after 10 years, and I've been always successful dismissing tickets because I was always lucky and officers never showed up. Would I've been able to reduce the fine amount more or even get it dismissed? Maybe. I'll do better next time.

    Thanks Mr. Knowitall.

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