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  1. #1
    Join Date
    Jun 2014
    Posts
    3

    Post Failure to Provide Requested SMD Log

    I have a contested hearing today for a speeding ticket in King County, Washington. I submitted Request for Discovery using this template provided on this forum which requests 1. List of witnesses, 2. copy of officer's statement (which I received, which seems to be signed by "user name and password"), 3.
    "Calibration and certification log for the SMD used on ##/##/#### in issuance of Citation ####, if not on file with the court pursuant to IRLJ 6.6(d)."

    The response I received from the prosecutor failed to include any kind of SMD certification information, device #, or even state where I could find such information. Instead, the response just stated:

    "The City specifically endorses Ed Cole as its speed measuring device expert witness. Mr. Cole may be contacted at ...."
    "That the City may call any police officer or civilian witness who is identified in the police report, or otherwise (according to IRLJ 3.1(b), 3.3(c))"

    Can I get the ticket dismissed because no evidence of SMD testing/certification was provided in response to Request for Discovery?
    If so, what specifically should I say to do so? Also, should I try to call the court to find SMD testing info myself, or just focus on the point that this was not provided to me.
    Is prosecutor even allowed to present any kind of SMD certification info or expert witness (in person or written statement) since they didn't seem to respond that they would so or provide me with requested copy of it?
    If I am supposed to look elsewhere to find SMD log info, what requirements should I compare the SMD certification against to see if its valid?


    And the officer's statements states "Violator was directly in front of me... accelerated quickly (from stop at light)... reached speeds of 50-55... I obtained a short pace of the violator, and pulled .. over" There was no mention of the type of SMD used and just a "short pace" is mentioned.

    Also, after responding to officer that I didn't think I was going fast and not responding to question about knowing the speed limit, the officer told me (without prompting) that I am "supposed to check the 2nd box, then you can request Deferment or subpoena me to argue your case", stating several times (before and after any questions from me) that I must check that checkbox - which I later saw was the one for Mitigation hearing, though he didn't specifically name it or explain it. Should I say anything about that in court, about how misleading that was, making me think that was what I must only check the Mitigation checkbox, whether I wanted to ask for Deferment or even to exercise my right to "go to court and subpoena him." I didn't ask him specifically what to do to "contest", but I also didn't ask him for any advice upfront either, he just told me what to do.



    Finally, I noticed that the ticket states a speed limit of 35mph, but the far side of the intersection I was stopped just before shows a speed limit of 30mph. Should I point that out to get dismissed (despite it making it making my reported speed of "55-60" look even worse)? Though I noticed later that many blocks before highway exit even that there was a 30mph sign and though I didn't fully reach the speed limit sign, it was visible from where I was stopped (and located right at the intersection mentioned as stopping point on my ticket) and was the first sign on the road (after where I exited the highway).

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

    Default Re: Failure to Provide Requested SMD Log

    Quote Quoting lexel
    View Post
    And the officer's statements states "Violator was directly in front of me... accelerated quickly (from stop at light)... reached speeds of 50-55... I obtained a short pace of the violator, and pulled .. over" There was no mention of the type of SMD used and just a "short pace" is mentioned.
    Pacing is based on the officer's matching your speed and then looking at his speedometer. What do the discovery materials say about the officer's speedometer and its calibration?
    Quote Quoting lexel
    Finally, I noticed that the ticket states a speed limit of 35mph, but the far side of the intersection I was stopped just before shows a speed limit of 30mph.
    If the speed limit changes one block ahead of you, you are still in the prior speed limit zone. Being able to see a sign further down the road doesn't change the current speed limit.

  3. #3
    Join Date
    Jun 2014
    Posts
    3

    Default Re: Failure to Provide Requested SMD Log

    Thanks for the response. Based on what I had described, do I have any case I can make to get the ticket dismissed on a technicality or any way to try to get it reduced to a non-moving violation or do I need to just try upfront to get a Deferment without trying to argue it at all (regarding pacing being inaccurate, or misleading me about my options with checkbox if want to argue the case, or anything else)?
    By the way, if it matters., the speed sign wasn't a block ahead, it was posted directly at the intersection I turning in when stopped, though I turned to the right instead of straight forward past it.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Failure to Provide Requested SMD Log

    Redact any personal information, scan and post the discovery you did receive. The resident WA experts can take a look at it and see if you have anything to work with.

  5. #5
    Join Date
    Jun 2014
    Posts
    3

    Default Re: Failure to Provide Requested SMD Log

    I will try to summarize, as running short on time.
    Officer wrote that he was stopped behind me at a red light, that I accelerated quickly, and reached 55-60 (in a 35 zone), and that he "obtained a short pace of the violator and pulled the violator over at X street crossing" It was in "Dark" light condition (Light traffic and Clear weather) in the evening and he stated I had traveled "down hill." It was 0.4 miles or less from the red light to where I was stopped, probably less. I had just gotten off the freeway, and there was no speed limit sign between freeway and where I was stopped, otherwise it would have reminded me to slow down more and sooner. My car is a 4 cylender so really doesn't accelerator all that well even when engine revs loudly. I don't recall seeing the officer, either due to dark conditions or maybe he started out accelerating more slowly to fall behind me at light and then caught up, not sure. I was stopped only 1 block from my destination and just over 1 block from from the highway.

    Should I argue something about not seeing any recent police speedometer calibration (if they aren't able to produce that in court, and since they didn't provide when requesting discovery of SMD calibration logs)?

    Or argue the short distance of "obtaining a short pace of the violator" combined with it being downhill, dark, and not seeing the cop right behind me when checking behind me at some point after the starting out from the light (possibly I accelerated more quickly then him and then he caught up and I just failed to use break to prevent downhill acceleration)?

    Should I argue about him misleading me in only telling me to choose "Mitigation" checkbox even if want to go court about it? Or argue that he was putting words in my mouth when he wrote "I asked if he was aware of the speed limit. the violator replied "45?" "

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