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  1. #21
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Stop and Go Ticket

    I'm not going to argue with Disagreeable, because frankly, I don't have time for his ad hominem nonsense. Neither anyone else for that matter.

    JSCOOL:
    Seattle should be fine, although even introducing this as evidence is going to be tough: there is no foundation for it.

    Now that I see <1/4 mi VIS, I'm thinking you may have a better argument.

    I'll let you in on a little secret about Kirkland Muni: If you can throw a bunch of information at him saying that the visibility is low, foundation shouldn't be a problem. Also, if you continue to throw motions at it and waste the courts time, the judge will most likely say "screw it, dismissed." Seen that done there more than 5 times.

    If I were you, I'd look into a deferral, and if that isn't an option, then I'd pick the statement and the statute apart and give him 20+ motions.

  2. #22
    Join Date
    Oct 2012
    Posts
    12

    Default Re: Stop and Go Ticket

    Quote Quoting BrendanjKeegan
    View Post

    If you can throw a bunch of information at him saying that the visibility is low, foundation shouldn't be a problem.
    Any suggestions on how to present this?

    Quote Quoting BrendanjKeegan
    View Post
    Also, if you continue to throw motions at it and waste the courts time, the judge will most likely say "screw it, dismissed." Seen that done there more than 5 times.
    Some examples here will be very much appreciated


    Quote Quoting BrendanjKeegan
    View Post
    If I were you, I'd look into a deferral, and if that isn't an option, then I'd pick the statement and the statute apart and give him 20+ motions.
    I should be able to make pre-trial motion and if that doesnt work ask for a deferment?

  3. #23
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Stop and Go Ticket

    I should be able to make pre-trial motion and if that doesnt work ask for a deferment?
    Kirkland won't do that.

    Too busy with work right now to help you formulate arguments. But come up with some and I'll tell you how they are.

  4. #24
    Join Date
    Oct 2012
    Posts
    12

    Default Re: Stop and Go Ticket

    Is this study has been applied in WA elsewhere. http://arxiv.org/pdf/1204.0162.pdf



    Below are the couple of defenses I managed. I am assuming this should not be Pre trial motion?


    Officer's testimony does not disclose on which street the officer was located at the time he observed my car travelling through the intersection. He does not mention the direction or disclose that that he had a clear and unobstructed view of the intersection.
    Since we don't know the officer's location or direction of travel, it is likely that the officer may have been going in the opposite direction, he may have had to turn around -- at which time he may have lost sight of the vehicle which actually ran the stop sign and pulled me over because I probably have a car similar to the one he actually saw.


    Officer;s testimony states that I reduced the speed to 10 MPH. We also understand from the testimonty that this was visual estimate. From official weather reports visibility was atmost 1/4 mile. Since we don't know the officer's location and if he had a clear view and how further away he was from the intersection or the car, It is likely that he might have misestimated the speed.

    - - - Updated - - -

    I have court day tommorow. Any help is deeply appreciated.

  5. #25
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Stop and Go Ticket

    Here is a Google Maps shot of the intersection as you approached. Notice, that there is NO CROSSWALK -- contrary to the officer's description.

    Here are the various points concerning the officer's location. First, we don't know if he was stationary or moving. If the officer was stationary, was he inside or outside his vehicle? If he was inside, was the vehicle facing the intersection or turned away from it (observing through the rear-view mirror)? Was he on NE 90th or on 122nd? How far from the intersection? 50 feet? 5 blocks? If he was outside the vehicle, was he facing the intersection at the time you approached or did he turn in time to see you passing through? How far away from the intersection? 50 feet? 5 blocks?

    If he was moving, which road was he on? NE 90th? If so, in which direction was he heading? Toward your vehicle? Or away (observing through the rear-view mirror)? Or was he on 122nd? If so, again, was he heading toward the intersection? Or away (observing through the rear-view mirror)? How far away from the intersection? 50 feet? 5 blocks?

    The officer says that you failed to stop behind the line -- but he also states that there was a crosswalk. Actually, now that I've checked, Bing maps does show a crosswalk, but not on YOUR approach -- and neither map shows a crosswalk in the "street level" view.

    If the judge is not buying it, you could ask something like: Your Honor, shouldn't an officer have to provide SOME level of detail? After all, how can I refute something when I don't even know what to refute? Or is it sufficient to simply say, "I saw this guy fail to stop", with no indication of where, when, or anything? If so, we really don't need courts. The officer's word is good enough.

    I'm not sure what "20+ motions" Brendan is referring to. I can't think of ANY. Maybe he'll return and tell us.

    Barry
    Where am I going? And why am I in this handbasket?

  6. #26
    Join Date
    Oct 2012
    Posts
    12

    Default Re: Stop and Go Ticket

    when should i mention the defense during the hearing? Does it matter?

  7. #27
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Stop and Go Ticket

    Quote Quoting jscool
    View Post
    when should i mention the defense during the hearing? Does it matter?
    I don't understand your question. When else would you present your defense, except during the hearing?

    - - - Updated - - -

    Oh, I see -- when during the hearing? When the judge asks if you have anything to say....

    Barry
    Where am I going? And why am I in this handbasket?

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