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  1. #1
    Join Date
    Jun 2011
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    9

    Default Speeding Ticket Via Pace, No Mention of Calibration

    My question involves traffic court in the State of: WA

    Hello all,

    My wife received a speeding ticket for 70 in a 60 zone via the PACE method. I contested the ticket, requested discovery (thank you Barry for an excellent sticky!), and received the officer's sworn statement today.

    The statement mentions that the officer paced my wife for 2 miles and her speed was consistently in the 75-80 range. However, the statement makes no mention whatsoever of the accuracy of his speedometer, or that it was ever checked or calibrated. Further, there is no way to identify the officer's vehicle, as no such information has been provided in the statement or the NOI.

    Based on another thread (http://www.expertlaw.com/forums/show...631#post506631), this feels like it might be easy to dismiss based on lack of foundation. However, could you guys please advise me as to what exactly she should say in her defense? She is an extremely nervous public speaker, and unfortunately I won't be able to speak for her (can I?), so it would be immensely helpful if I could just hand her a script to read off of.

    Really appreciate everything you guys do, and any help you can provide.

    Thanks!

    mur2.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,844

    Default Re: Speeding Ticket Via Pace, No Mention of Calibration

    I think people will be reluctant to try to script an argument for a traffic court hearing, as litigants are very often thrown off of script. The gist of the argument is what you see in the other thread, but what you probably should do instead of trying to script an argument is to role play and practice.

  3. #3
    Join Date
    Jun 2011
    Posts
    9

    Default Re: Speeding Ticket Via Pace, No Mention of Calibration

    Ok, makes sense, thank you Mr. Knowitall! I'll let you guys know how it goes.

  4. #4
    Join Date
    Nov 2009
    Posts
    791

    Default Re: Speeding Ticket Via Pace, No Mention of Calibration

    If you have not yet been to the hearing, it would probably be a good idea for your wife to study Seattle v Peterson, print it and take it with her to court. This might also help her confidence. If she would prefer to be more brief, this previous post also has a good motion suggestion. I too am nervous about public speaking but Itís always been easier in traffic court, possibly because I am only addressing a judge rather than an audience.

  5. #5
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Speeding Ticket Via Pace, No Mention of Calibration

    I once scripted a bunch of questions for a friend to ask and put a few notes in between. He asked the first question, and the officer answered. Then, he read the next note and the judge interrupted, saying that was a statement or argument, not a question. When the judge said this was the time for questions and asked whether there were any others, the defendant said "No." The judge said he could continue with whatever argument he had and my friend read the remaining questions and comments without stopping. After that, the officer answered some of the questions in order, but the defendant didn't follow up on or challenge any individual answers. I guess I thought the defendant knew to ask the questions individually and wait for individual answers but I guessed wrong. The result was a conviction. In my own case later on, I used many of the same arguments about a similar violation (red light camera) and the result was an acquittal.

  6. #6
    Join Date
    Nov 2009
    Posts
    791

    Default Re: Speeding Ticket Via Pace, No Mention of Calibration

    In WA, most winning infraction defenses are done with motions and take less than 5 minutes. Occasionally Iíve seen judges find something wrong and dismiss before the defendant even says anything. If a defendant subpoenas and attempts to cross examine an officer or gives his/her own testimony, itís far more difficult. Being well prepared is always best, but scripted motions are often ok because itís a simple yes or no answer from the judge.

  7. #7
    Join Date
    Jun 2011
    Posts
    9

    Default Re: Speeding Ticket Via Pace, No Mention of Calibration

    Thanks for the excellent suggestions everyone! Our court date is tomorrow, wife is furiously prepping, we'll post results right after the hearing. Fingers crossed!

    - - - Updated - - -

    Ok, went to court yesterday, wife made the motion to suppress, but was so nervous that she wasn't very coherent. The judge offered her a deal to convert to a non-moving violation, so she took it.

    Bummer, would've liked to see it play out, we had a pretty solid case.

    Thanks for your help everyone.

  8. #8
    Join Date
    Nov 2009
    Posts
    791

    Default Re: Speeding Ticket Via Pace, No Mention of Calibration

    Thanks for your update. Don’t feel too bad. It’s still a partial win because she kept it off her record. Not everyone can control their feelings of intimidation while in court.

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