Results 1 to 6 of 6
  1. #1
    Join Date
    Nov 2014
    Posts
    3

    Default Speed Clocked by an Aircraft

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

    I filed my discovery and received the materials requested. I just needed help on how to contest it in court. I was pulled over for speeding, according to the officer the pilot clocked me going 98 mph in a 70 mph Zone (violation code 46.61.400). I also want to know if I should request the "Trooper Pilot Report" or not.

    Unfortunately I'm having trouble posting the materials e-mailed to me by the prosecutor's office as PDF files. I would like to know how I can post them up, so someone can further assist me. In the mean time I was able to convert some of the PDF files to text.



    KITTITAS COUNTY CIVIL DIVISION
    205 WEST FIFTH, ROOM 213
    ELLENSBURG, WA 98926-3129
    TELEPHONE: (509' 962-7664
    FAX: (509) 962-7060
    Re: State of Washington vs. __________



    Greeting:

    The Prosecutor's Office has received your request for discovery in the above referenced case. Enclosed is the totality Of the State's discovery, as required by IRLJ 3.1 NO additional information or discovery is either available Or required. Additional discovery issues should be addressed with the Court.

    Please be advised the prosecutor will not be participating in negotiations Or motions. Any further matters should be addressed to the court directly. In addition, be advised that Kittitas County District Court has adopted local infraction rules.


    ITEMS MARKED WERE INCLUDED IN THIS MAILING.

    Front page Of Citation
    Officer Narrative



    Sincerely,
    Dustin Davison
    Legal Secretary


    OFFICER REPORT

    Details

    On the date and at the time recorded on this infraction I was working with the State Patrol Aircraft at Thorp - eastbound I90 milepost 101, Kittitas County, Washington.

    I was working with Trooper/Pilot Davis, #1064.

    The Pilot advised me by radio that he was observing a(n) silver colored vehicle traveling eastbound at speed(s) of 98 95 95 95 97 miles per hour in a posted 70 mile per hour zone. (“T” indicates speed measurement while the vehicle was slowing for traffic)

    [] The vehicle stopped was a commercial vehicle or other vehicle with trailer subject to the posted 60 mile per hour speed limit.

    The pilot advised me that I stopped the correct vehicle.

    Notes:

    I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and that I am entering my authorized user id and password to authenticate it.

    Trooper D.M. Hinchliff, #815WSP

    Kittitas County, Washington



    OFFICER REPORT CONTINUED...



    **************************************

    Officer's Report for Citation/Notice of Infraction #

    The information contained in and attached to this citation/notice of infraction is incorporated by reference into this report.

    I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF

    WASHINGTON THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND

    ACCURATE AND THAT I AM ENTERING MY AUTHORIZED USER ID AND

    PASSWORD TO AUTHENTICATE IT.

    Signature: D. HINCHLIFF

    #: 815

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

    Default Re: Speed Clocked by an Aircraft

    As you may have inferred from other threads, it's helpful to know if you are claiming to be innocent and what facts you can offer to support that claim, or if you're not disputing the facts as alleged by the officer and are hoping for a miracle.

  3. #3
    Join Date
    Nov 2014
    Posts
    3

    Default Re: Speed Clocked by an Aircraft

    I'm claiming that I'm innocent, and that my car wasn't the only silver car on the freeway. Two police officers pulled me over and the car in front of me over. The other car was in front of me and had passed me on the left lane not too long before we both got pulled over. The police officer who pulled me over asked if I know the person in the other car, I said, "no." He asked because according to the pilot there were two cars that were traveling at similar speeds. I don't see how we could have traveled at similar speeds if the other car passed me not too long before the two troopers pulled us over.

  4. #4
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Speed Clocked by an Aircraft

    Quote Quoting gainfat
    View Post
    I'm claiming that I'm innocent, and that my car wasn't the only silver car on the freeway. Two police officers pulled me over and the car in front of me over. The other car was in front of me and had passed me on the left lane not too long before we both got pulled over. The police officer who pulled me over asked if I know the person in the other car, I said, "no." He asked because according to the pilot there were two cars that were traveling at similar speeds. I don't see how we could have traveled at similar speeds if the other car passed me not too long before the two troopers pulled us over.
    One way would be if the other car had been following you for some time and then right before you both got pulled over, he decided you were going too slow for his liking.

  5. #5
    Join Date
    Nov 2014
    Posts
    3

    Default Re: Speed Clocked by an Aircraft

    Since I didn't receive the Pilot's statement I was thinking of moving to a dismissal due to lack of evidence. I came to this conclusion based on my findings on the internet, and since the internet isn't always correct I would like to know if I can take this approach with my case?

  6. #6
    Join Date
    Jan 2006
    Posts
    188

    Default Re: Speed Clocked by an Aircraft

    First, you MUST do this in person, since this defense is based on the Rules of Evidence and those do not apply in the Decision on Written Statements. In court, you need to move to suppress the two sentences beginning with: "The Pilot advised me ....", as they constitute hearsay and do not meet any of the hearsay exceptions. THEN move to dismiss due to lack of evidence.

    Edit: if the prosecutor does try to introduce the pilot's statement, move to suppress that pursuant to IRLJ 3.1 (b):

    Quote Quoting IRLJ 3.1 (b)
    If the prosecuting authority, without reasonable excuse or justification, fails to provide any portion of the discovery prior to the day of the hearing, the portion of discovery not provided shall be suppressed.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: How Should an Aircraft Speeding Ticket Describe Means of Speed Measurement
    By dzd in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 10-05-2013, 10:45 PM
  2. Speeding Tickets: How Can Your Speed Be Clocked By an Officer Going in the Opposite Direction
    By motoxkawa125 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 05-24-2012, 11:20 AM
  3. Speeding Tickets: Speeding Ticket, Speed Clocked by Aircraft
    By KirklandCommando in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 10-11-2011, 09:22 AM
  4. Speeding Tickets: Speed Measuring Device (SMD) vs Aircraft
    By Lilone168 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-10-2011, 11:04 AM
  5. Speeding Tickets: Officer Stated Aircraft Clocked My Speed
    By JMC1678 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-13-2009, 06:52 AM
 
 
Sponsored Links

Legal Help, Information and Resources