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  1. #1
    Join Date
    Aug 2014
    Posts
    5

    Default Speeding Ticket While Riding a Motorcycle

    Fighting a Washington State Speeding Ticket While Ridding Motorcycle: Help Needed

    My question involves traffic court in the State of: Washington

    While ridding my motorcycle East on I5 in the car pool lane (legal), I was issued a speeding ticket for going 10 over (speed limit was 60) from a Washington State Patrol Trooper who was using a LIDAR (laser).

    I requested and received a Discovery and a contested hearing date (Oct 21, 2014).

    I have been to the court house and I believe that Commissioner Susan Noonan will be overseeing the contested hearing.

    I am hoping for some help reading/analyzing the Washington Stat Patrol Case Report (link below) and how to approach the hearing with a legal strategy.



    From what I can tell the vital info from the report is below...


    LIDAR (Laser)
    I observed defendant approaching/receding my location in excess of the posted 60 MPH limit. I obtained a reading of 80 MPH on defendant's vehicle at 652.8 feet. The LTI 20-20 / Kustom Pro Laster II / Laser III SMD, #_L1098__has been certified by the Factory and 722.9 WSP Technicians to be in good working order. At the beginning of my shift the LASER SMD's accuracy was checked by (1) internal self-diagnostic test, (2) scope alignment test, and (2) fixed dista 60nce/velocity test at 100 ft and passed all tests. I have been trained in the use/operation of the SMD device.

    HOV/CARPOOL
    I observed defendant traveling as a single occupent in the HOV lane, which requires 2 or more occupants.

    FOLLOWING TOO CLOSE
    I observed defendant follwing avehicle at approximately __8__feet approximitely __65__MPH. (not obeying the 1 car length per every 10 mph rule )(One car length equals 20 feet)



    I am also happy to answer any questions or provide more info.

    Not being a legal professional, any help would be really appreciated. Thanks everyone!



    http://s1276.photobucket.com/user/da...tml?sort=3&o=0

  2. #2
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Speeding Ticket While Riding a Motorcycle

    So what's your question? You were pulled over for speeding. It would appear based on the report that the officer caught you speeding. What's your defense?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Speeding Ticket While Riding a Motorcycle

    If the only citation is for speeding, then the HOV observation (for whatever it might otherwise be worth) is irrelevant to the disposition of that charge, as is the question of whether you were following too closely. The big question, as PADriver13 suggests, is whether you were speeding.

  4. #4
    Join Date
    Jan 2006
    Posts
    188

    Default Re: Speeding Ticket While Riding a Motorcycle

    There are obviously problems with the officer's report. First of all, what are the "extra" numbers? Was this unit REALLY tested by 722.9 WSP technicians as it states? What, exactly is "fixed dista 60nce/velocity test"? Did the officer "clock" you at 80 from 652.8 feet away, or at 60 from 722.9 feet away? Who is to say which numbers should have been where?

    Were either the HOV or the "following too close" charges on the NOI? If these charges are not on the NOI, they are, indeed, irrelevant.

    Interestingly, the officer says you were only going 65 in the "following too close" section. So which was it: 60, 65 or 80? I would contend that the extra "noise" in the report constitutes a "technical glitch". The report cannot be considered reliable or accurate. There are just too many inconsistencies. I would move to suppress the report and then move for dismissal.

  5. #5
    Join Date
    Mar 2013
    Posts
    17,597

    Default Re: Speeding Ticket While Riding a Motorcycle

    Quote Quoting jojo
    View Post
    I would move to suppress the report and then move for dismissal.
    Be sure to let us know how that turns out.

  6. #6
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Speeding Ticket While Riding a Motorcycle

    Lol. yea go ahead. Show up at court, where the cop will BE WAITING to clarify his report for the Court. And the judge will accept that clarification.

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

    Default Re: Speeding Ticket While Riding a Motorcycle

    Quote Quoting PADriver13
    View Post
    Lol. yea go ahead. Show up at court, where the cop will BE WAITING to clarify his report for the Court. And the judge will accept that clarification.
    That comment just shows how LITTLE you know about WA law. The cop will NOT be waiting to do anything -- there will NOT be a cop present. WA is NOT the same as PA. Jojo's arguments may not fly, but there sure a lot better than any advice you've given.

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

  8. #8
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Speeding Ticket While Riding a Motorcycle

    I've seen this work many times in KCDC:

    This form has many different boxes to be checked. He needs to check at least one to prosecute.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Speeding Ticket While Riding a Motorcycle

    Here are the certs on the unit. If JoJo wants to learn about the unit calibration, a manual for the model will be on the manufacturers site.

    https://fortress.wa.gov/wsp/smdsearc...onDisplay/3783

  10. #10
    Join Date
    Jan 2006
    Posts
    188

    Default Re: Speeding Ticket While Riding a Motorcycle

    Actually, I already have the manual for the Pro-Laser III, thanks anyway. However, you will NOT find it on the manufacturer's web site. The only thing available from Kustom Signals is a sales brochure. I believe it's still available from the Tipmra web site, however.

    In any case, I haven't been able to find the place that says that it takes 722.9 technicians to certify it. And the cert that you linked was only electronically signed by ONE technician. What about the other 721.9? Didn't they have to sign it, as well?

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