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  1. #1
    Join Date
    Apr 2014
    Posts
    3

    Default Location Discrepancy on a Speeding Ticket

    My question involves traffic court in the State of: Washington (Pierce County)

    I was pulled over in Pierce County on SR7 for going 47 in a 30. The officer wrote on the citation that the offence occurred at MP18. I checked the WSDOT highway log (http://www.wsdot.wa.gov/mapsdata/roa...3Statewide.pdf PDF Page 336), which lists the speed limits along the route and the mileposts. The speed limit at MP18 is 55. The 30 zone is about 2 miles away from MP18.

    I have a contested hearing set for a few weeks from now. Any suggestions on how I should proceed?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Speed Limit / Offence Location Discrepancy

    Read the stickied thread at the top of this forum for the information on how to obtain discovery and post back. Your case is going to be decided pretty much solely on what the officer states in his statement and the related documents in that discovery. You need to tailor your defense to what is there.

  3. #3
    Join Date
    Apr 2014
    Posts
    3

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Speed Limit / Offence Location Discrepancy

    The Washington staters can see if there are other procedural issues, but I'd bring your document as to the actual speed limit and try that.

  5. #5

    Default Re: Speed Limit / Offence Location Discrepancy

    You might want to redact your personal information - but that's your call.

    Officer states about calibration that it "was checked". He changed from 1st person narrative to 3rd person. It's not clear that officer had person knowledge required re: testing/calibration of the SMD (per ER 502). No promises that this will fly though.

    If the speed limit is actually 50-55 MPH around MM 18 (esp if it remains that from 17-19), I would reference the WSDOT documents, possibly even take pictures. Ask the court to take judicial notice of the fact that the speed limit is what you claim from mile marker ___ to mile marker ___.

  6. #6
    Join Date
    Jan 2006
    Posts
    188

    Default Re: Speed Limit / Offence Location Discrepancy

    Seriously? This is one of the laziest officers yet. OK, "the device is capable of measuring speeds in the same and opposite directions and to lock in on largest and/or fastest moving target in either moving or stationary mode". So, was the officer moving or stationary? Was the SMD in moving or stationary mode? Was OP's vehicle approaching or receding? Was the front or rear antenna in use? Was the OP's speed in the "fastest" window or the "target" window?

    The mode (moving or stationary) must be selected manually. "Same" or "opposite" direction must be selected manually. The antenna must be selected manually. Just these controls give us EIGHT possible combinations -- only ONE of which might indicate the speed of OP's vehicle. That means there's only a 12.5% chance. "Preponderance of evidence" means 50%+ chance.

    But that's not the worst. The officer states that the device is capable of locking "on the largest and/or fastest moving target". Really? Well, the Bee III manual states: "the BEE III only displays fastest targets on request from a momentary switch and does not allow them to be locked." The officer states: "I am trained and certified in the operation of the SMD device". Yet, since the officer does NOT know how the device operates, plus s/he does NOT indicate HOW the device was used, IMHO this raises serious doubts.

    Oh, Mo, ER 502 deals with attorney/client privilege. ER 602 concerns lack of personal knowledge. Plus, it's really helpful if you link to any and all rules, statutes, or other authorities you are providing for an OP. Just because you know where to find them, doesn't mean others do.

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