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  1. #1
    Join Date
    Nov 2014
    Posts
    2

    Default How to Fight a Radar Speeding Ticket

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

    I have a traffic ticket that I am certain I did not commit. I'm hopelessly illiterate when it comes to legalities, I've heard this community is very helpful and so gratefully look forward to learning from it.

    I've only a couple ideas that I'm sure are meaningless, hopefully my case isn't as weak as I think...

    1) I noticed the officer listed my vehicle model as "Corona"
    2) Checked "The radar" - the officer did not specify?
    3) "I am qualified Radar SMD operator" - Perhaps the Bee III requires specific training to operate?
    4) Were the tuning forks compatible with the SMD Radar?
    5) The Officer did not indicate where he was located in respect to my vehicle.

    Sadly I could not find the MPH's Bee III operator's manual, I will continue looking.

    I did check the radar's certificate which can be found here:
    https://fortress.wa.gov/wsp/smdsearc...ceDisplay/1788






  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: How to Fight a Radar Speeding Ticket

    Quote Quoting Jordank91
    View Post
    1) I noticed the officer listed my vehicle model as "Corona"
    This is a SECTOR ticket, meaning that the vehicle and driver info was likely directly scanned from a bar code on your license and registration documents. So, the info is the same on your DOL record. Any typo still matches the DOL record. In any event, there is sufficient info to identify the specific vehicle you were driving and the typo is inconsequential.

    Quote Quoting Jordank91
    View Post
    2) Checked "The radar" - the officer did not specify?
    Actually, he did...the radar was a Bee III #R2580.

    Quote Quoting Jordank91
    View Post
    3) "I am qualified Radar SMD operator" - Perhaps the Bee III requires specific training to operate?
    The burden of proof that the specific radar requires different training than other doppler radar units designed for police use will be on you...and I don't think you will be able to meet that burden.

    Quote Quoting Jordank91
    View Post
    4) Were the tuning forks compatible with the SMD Radar?
    You may have a point that will work in your favor here. The officer does not specify that the forks were designed to test that specific radar model. It is implied "(manufacturer's serial numbers)," but not specified. That could raise reasonable doubt in the judge's mind.

    Quote Quoting Jordank91
    View Post
    5) The Officer did not indicate where he was located in respect to my vehicle.
    Again, this omission MAY carry some weight. But, I suspect that the officer's statements that he visually observed your speed and yours was the only vehicle within the radar's beam will be sufficient to overcome this omission.

    However, you may also be able to get some traction based on the officer's statement of "the defendant was observed..." The officer does not say WHO made this observation and it is, therefore, hearsay. Washington case law requires an officer to make a visual observation that leads to a reasonable suspicion that a vehicle is speeding. Only then can he/she use the radar to verify the visual observation. Since the officer does not state that he made such observation, you may be able to get a judge to throw out the radar verification.

    But, your statement that you were "very sorry and not aware he got going that fast" is a pretty clear admission of guilt. That may make any other arguments difficult.

  3. #3
    Join Date
    Nov 2014
    Posts
    2

    Default Re: How to Fight a Radar Speeding Ticket

    I very much appreciate your much needed wisdom PT. Truly, I've found myself in a helpless situation. It's likely that I may work something out with the prosecutor if I'm unable to build a strong case...

    When I was questioning whether he indicated what radar was checked I noticed that the officer indicated what radar he used, then ended his sentence and stated he had "checked the radar."

    As for my statement, I'd say unawareness is not admission. For the record, the officer paraphrased inaccurately. Of course, I wouldn't argue that at my hearing.

    Nevertheless your point that it's all quite weak is very true. Perhaps in practice, totally useless...

    I'll stay hopeful that my inquiries will bring about some miracle angle, though I'll ready myself for what seems now inevitable.

    - - - Updated - - -

    Another very confusing detail I noticed can be found here: https://fortress.wa.gov/wsp/smdsearc...ceDisplay/1788

    The technician's both signed the document as done August 2014, however the certification reads July 2013. Finally, the certification standards read January 2013. Are these variables of any significance. If not, can anyone observe any variables that may assist my case within the SMD certification? Thank you very much!

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