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  1. #1
    Join Date
    May 2014
    Posts
    5

    Default Fighting a Speeding Ticket in Washington

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

    I was cited on April 28th for 55+ in a 45 zone. SMD was used. The officer was on a motorcycle coming around a corner toward me. He did a U-turn and pulled me over. He was all business. The stop was very fast. He asked me only for my driver's licence. Came back with the ticket saying, "You don't seem to be the type to purposely speed, so I've cited you for 55+ instead of 57, which I clocked you at." I said I didn't think I was speeding. I habitually drive with my cruise control to avoid speeding. I have responded to the ticket asking for a contested hearing. I received a June 3rd court date. I have filled out the form I found through one of Barry's posts to request discovery. I plan to file it in person next Tuesday, June 20th (exactly 14 calendar days before my hearing). Is there anything else I should do? What is my next step for getting help to win this case through this forum?

  2. #2

    Default Re: Fighting a Speeding Ticket in Washington

    When you get your discovery request back, post the documents on the forum and plenty of people will look it over and help you.

    In the meantime, you could post a copy of the ticket here, and maybe it will have an obvious error.

    If you don't receive discovery request back by your hearing date, you can have the ticket dismissed on those grounds. Also you can call the court clerk, and ask when the ticket was filed with the court. If it was filed MORE THAN FIVE BUSINESS DAYS after the ticket was written, you can have the ticket dismissed for that as well. Read up on the IRLJ and cite the proper number when you motion to dismiss.

  3. #3
    Join Date
    May 2014
    Posts
    5

    Default Re: Fighting a Speeding Ticket in Washington

    Thank you. I'll scan an post the ticket tomorrow. I'll post other documents as I receive them.

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    How do I get permission to post attachments? I've spent quite a bit of time following the FAQ "How do I attach a file to a post?" and looking at my profile, settings, etc., but I'm not able to post the pdf copy of my ticket. At the bottom of my screen, the "Posting Permissions" box indicates that I don't have permission to post attachments. On the right side of this notice, it says [IMG] code is on. I'm not sure what to do. Can anyone help me figure this out?

  4. #4

    Default Re: Fighting a Speeding Ticket in Washington

    Quote Quoting ajrjejmi
    View Post
    How do I get permission to post attachments? I've spent quite a bit of time following the FAQ "How do I attach a file to a post?"
    Hi ajrjejmi, you don't. Just like most forums they don't have the space for people to store large amounts of data on their servers for free. Simply find a free photo hosting site or Onedrive or Google etc. get the direct link, come back here create a new post click on the Insert Image icon above and paste in the http://bla.jpg link.

    ~Spike~

  5. #5
    Join Date
    May 2014
    Posts
    5

    Default Re: Fighting a Speeding Ticket in Washington

    Thanks Spike! I'll do that.

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    Here's a copy of my ticket (I'll upload discovery documents if and when I receive them).



    - - - Updated - - -

    Another try at displaying the ticket:



    - - - Updated - - -

    I have received a response from the court to my request for discovery. It doesn't make sense to me. I have provided images of two documents below: (2) The Court's response to my request for discovery, (2) The form the Court says I have to fill out. I need help to know whether I need to do anything at this point. Specifically, here are my questions:

    * The response from the court says in the first paragraph that I need to submit my request directly to the Prosecuting Attorney's office. Well ... I did. And the date stamp at the top of my request for discovery shows that I did. The Court returned a copy of this document to me! Did they not notice that I had? I'm thinking this must be a form letter and that I don't need to do anything regarding this point. Right?

    * The second paragraph says the Court can't submit my request for discovery for me. Irrelevant. Right? I already submitted it to the Prosecutor myself.

    * The third paragraph is the real kicker. They say I need to submit my request for "calibration and certification log, etc." using a form they enclosed. Do I really? I submitted my request using Barry's form to the Prosecutor, and the request is quite clear. Is there any legal basis for them to make me jump through this hoop? And this response is from the Court, not the Prosecutor's Office. So, do I need to do anything?

    I would appreciate any help I can get on my questions, and anything else anyone notices in the ticket, my request for discovery, the Court's response, or the form the Court sent. The image of the ticket is above. The images for the other documents are below.




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    Another question about using this forum. I have apparently used the maximum number of images I'm allowed, but I want to be able to post the response from the Prosecutor if I receive it before my court date. Any suggestions? Can I delete the image of the ticket assuming it contains no information that will help my defense?

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    I got my documents from the prosecutor today after posting the court's response this morning. Since I haven't figured out how to post an image of the document (I've apparently reached my limit of five) I'll enter the content of the Radar Affidavit R2244 manually. Here goes:

    This affidavit incorporates by reference [my speeding ticket].

    On 4/28/2014 @ 1028 hours, I Trooper W. Turner was operating the speed measuring device at the location noted on the attached Notice of Infraction, in the [x] Moving/ [ ] Stationary Mode. I observed the defendants vehicle at a speed which appeared to be in excess of the posted speed limit of 45 MPH. The speed measuring device emitted a clear, concise, high-pitched audio tone which was [ ] increasing [ ] decreasing [x] steady in pitch.

    I observed a visual display on the Radar unit of 57 MPH.

    At this time the vehicle was:
    (x) The only vehicle in the SMD beam
    ( ) Out front and closest to the SMD beam
    ( ) Visually appeared faster than the other traffic
    ( ) Other

    I contacted the driver of the vehicle. The driver stated: "I was just coasting"

    Violation #2

    Violation #3

    The Notice of Infraction was marked Served on Violator. The defendant was then handed the green defendants copy of the Notice of Infraction and instructed to carefully read both sides.

    I checked that the MPH BEEIII Enforcer Speed Measuring Device (R-2244, Tuning Forks 856884 & 856960) was properly operating on the above date. The calibration of the above Speed Measuring Device was checked at the beginning and end of my shift, and the unit was found to be in proper working order. The calibration was checked by use of the internal test, and externally by use of the tuning forks.

    I have received instructions in the proper operation of the MPH BEEIII Radar Unit.

    I certify under penalty of perjury under the laws of the State of Washington the foregoing is true, correct, and accurate. (RCW 9A.72.085)

    W. Turner #315 Spokane County WA Date 04/28/2014

    [End of Affidavit]

    I'm considering a number of defenses:

    Trooper W. Turner states that he was operating the SMD in the “Moving” mode, but he does not state whether it was in the “Opposite Direction” or the “Same Direction” mode.

    The trooper states that he observed my vehicle at a speed which appeared to be in excess of the posted speed of 45 M.P.H., but he did not specify what his estimate of my speed was. Therefore, he did not have an estimate to confirm with his MPH Bee III Radar Unit.

    The officer does not specify his location in any detail. He was coming around a corner and did not have an unobstructed view of my vehicle. The location is heavily wooded, and there is no visibility around the corner. Furthermore, there was a guardrail on the road which, according to the operations manual could interfere with an accurate reading of my speed.

    As documented in the operations manual for the MPH BEEIII Radar Unit, greater care must be exercised and more criteria met for the “opposite direction” moving mode than any other mode. The officer did not provide evidence that he observed the necessary criteria to ensure an accurate reading nor did he provide testimony that he tested the unit in this mode as required.
    The operations manual for the radar unit indicates that, if being operated in the “opposite direction” mode (the trooper was traveling toward me), the trooper must do the following to ensure an accurate reading: (1) Recognize that the violator is traveling at a higher rate of speed than the norm and (2) At the time of speed determination the patrol vehicle’s speed indication on the radar is the same as the reading on the speedometer. The trooper did neither. There was no time for the trooper to observe my speed because he came around a corner, immediately flipped a U-turn, and pulled me over. As noted in his statement, the trooper had no specific estimate of my speed. Furthermore, there was no point of reference for him to determine whether I was travelling faster than the norm (there was no other traffic). The point about whether or not the radar unit was in the proper “moving mode” (“opposite direction” rather than “same direction”) notwithstanding, the officer nowhere indicates that he made the required observation that his motorcycle’s speedometer read the same as the indication on the radar unit. In addition, the trooper does not give any information about the accuracy of his speedometer. He does not state whether the calibration of his speedometer was ever checked. Therefore, there is no foundation to establish the accuracy of the radar unit’s reading if it was indeed in the “opposite direction” moving mode.

    The trooper does not indicate that he tested the radar unit before and after his shift in the “opposite direction” mode. The operations manual indicates that the unit must be separately tested in the stationary, opposite direction, and same direction modes. The trooper provided no testimony that he tested the unit in the “opposite direction” mode.

    The operation manual cautions about false readings possible due to “harmonic detection.” These false readings can occur “when guardrails or large signs are present.” There was a guardrail present in the trooper’s lane. Furthermore, since he was coming around a corner, his motorcycle was pointed in the direction of the guardrail. This fact increases the probability that the trooper’s radar unit gave an inaccurate reading.

    Do I have effective arguments here? Can I improve them? Are there other arguments I should make? Thanks!

  6. #6

    Default Re: Fighting a Speeding Ticket in Washington

    Try posting the discovery now. I think there may be a per post limit for images, but there shouldn't be a limit in a new post (your previous posts kept getting appended to your last one).

  7. #7
    Join Date
    May 2014
    Posts
    5

    Default Re: Fighting a Speeding Ticket in Washington

    I did post the content of the trooper's affidavit. Other than that, the prosecutor sent a cover letter and the ticket, so I believe everything relevant is posted.

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    Here's a scan of what I received in response to my request for discovery:



    Any suggestions for my best defense?

  8. #8
    Join Date
    Jan 2006
    Posts
    188

    Default Re: Fighting a Speeding Ticket in Washington

    One more small item -- the officer does not state which antenna was activated.

    One BIG item. Be sure you read the LIRLJ 6.8 for Spokane County, especially the "Committee Comments" at the bottom. If you want to move to suppress the SMD readings for any of the reasons you've indicated, you need to fill out Form 1503 and submit it in a timely manner. Spokane County District Court Rules have been specifically designed to assure defendants cannot win.

  9. #9
    Join Date
    May 2014
    Posts
    5

    Default Re: Fighting a Speeding Ticket in Washington

    Thanks jojo. I added the antenna item to my list of issues with the radar reading. The court did send me form 1503. I scanned it above. Questions:

    1. Do I check the box "Request that the complaint/citation be set aside"? Does that mean to request dismissal?
    2. I'm assuming I do check the box "Request to suppress evidence." Do I then send in my list of reasons with the form?
    3. Do I do anything else?

    Not sure how to do this right to have the best chance at beating this guilty until proven innocent system. I appreciate all the help I can get. Thanks.

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    One more thing:

    At the top of the form there are two boxes. I assume I check the "Motion Order Issue of Law" box. Right?

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    Here's the form again for reference:



    - - - Updated - - -

    Oops. PDFs don't copy. Here's the link to the form (and there is an image of it earlier in this thread): http://www.spokanecounty.org/data/districtcourt/pdf/forms/criminalinfraction/motion%20order%20issue%20of%20law.pdf

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    I just mailed Form 1503 by regular mail today (I live quite a ways from the courthouse). I checked the "Motion Order Issue of Law" box at the top, the "Request to suppress evidence" box in the middle, signed it on the "Presented By" line, skipped the "Bar No." line, and dated it. I ignored the "Authorities" section. A clerk at the court told me what I did should work and that the main purpose of the form is to schedule a date for a judge to hear my motion to suppress. She said the court does that on Mondays only.

    I still need help on how to formulate my motion to suppress the trooper's affidavit. Thanks.

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