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  1. #1
    Join Date
    Sep 2013
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    Default Ticketed for Speeding, 40+ in a 30 MPH Zone

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

    I got a speeding ticket a couple of weeks ago and my hearing is on Wednesday. I received the discovery a couple of days ago and I'm not seeing anything on it that would be helpful to me. A couple of things

    - The officer was on a motorcycle and caught the speed on Lidar
    -He said i was going 45 on a 30 and would bump it down to 40 on 30
    -When he pulled me over he told me his radar caught me going 45 on a 30 and asked for my license. That was all that was said, I didn't even get in a word. He walked away and wrote a ticket, brought it back, said he bumped it down from 45 to 40, how to fill out the ticket, and told me to have a nicer day. (Didn't ask for insurance or registration, not sure if that matters)
    -The discovery says that there was "light" traffic, but that is not true at all. There was between medium to heavy traffic. I was driving down Airport Way at around 3:00. It also says I was in the left lane, but I actually had been in the right and changed lanes the to left, right before his lights had went off.
    -I'll attach the discovery in a couple of hours
    -King County - Seattle Municipal Court

    I'm worried because he was very thorough in the discovery. He put all of the information about the testing of the device, that he visually estimated my speed before using the radar, etc. I know I wasn't going that fast at all, especially considering that there were cars in front of me, behind me, and to my side when he says he clocked the speed. Not sure what to do. This is my second ticket. I just used my deferral for my first ticket 2 years ago, but out of a 7 year driving record, I've never had a ticket before.

    Any help would be great.

    Thanks.

    Berhan

  2. #2
    Join Date
    Sep 2013
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    244

    Default Re: 40+ on a 30

    well, of course the cop's documentation will sing the praises of his measurement...but the question is: how well did he actually do the measurement?

    there is a sticky on speeding tickets here:
    http://www.expertlaw.com/library/tra..._ticket.html#3

    the sticky notes good points and actions to take regarding your ticket beyond discovery.

    i would suggest you post the discovery you did get and if no one is able to offer you a viable or strong defense then go to court and ask for a continuance...so that you can prepare for trial

    i doubt you knew the actual lidar device used in time to gather enough information about the device and had the opportunity for you (or an expert if you wanted one to review the manual v the cop's statement) or to review the manuals etc. prior to your hearing date.

    although discovery may be somewhat limited by court rules, other means of gathering information (records requests) are not. but these would take time to gather ... so i would suggest a 60 day continuance. if you have filed a records request and they did not yet respond then you can certainly say that you need a continuance for an expert to review the materials from discovery and a records request.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Ticketed for Speeding, 40+ in a 30 MPH Zone

    Quote Quoting bfeseha
    View Post
    (Didn't ask for insurance or registration, not sure if that matters)
    It doesn't affect who you are or how fast you were going, so no... not relevant.
    Quote Quoting bfeseha
    The discovery says that there was "light" traffic, but that is not true at all. There was between medium to heavy traffic.
    Whether traffic is light or medium is a matter of opinion. The issue for the court is your speed, not traffic density.
    Quote Quoting bfeseha
    It also says I was in the left lane, but I actually had been in the right and changed lanes the to left, right before his lights had went off.
    That would place you in the left lane.
    Quote Quoting bfeseha
    I'm worried because he was very thorough in the discovery. He put all of the information about the testing of the device, that he visually estimated my speed before using the radar, etc.
    You do the best you can to dispute the Lidar evidence. Sometimes the reason you cannot find a technicality is that there isn't one to find.
    Quote Quoting bfeseha
    I know I wasn't going that fast at all, especially considering that there were cars in front of me, behind me, and to my side when he says he clocked the speed.
    I've been on highways where there were cars all around me, but the speed of traffic was well over the posted limit. The best way to determine your speed remains looking at your speedometer.

    Did you read through the traffic court thread on defending against Washington speeding tickets?

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