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  1. #1
    Join Date
    Mar 2015
    Posts
    3

    Default Radar Speeding Ticket for 65 MPH in a 60 MPH Zone

    My question involves traffic court in the State of: Washington

    I received a ticket for doing 65 in a 60 on the I-90. I was heading home from work with some co-workers. The officer said that he was using a SMD Radar on STATIONARY mode to capture my speed from in front of me but I didn't see him or his car, neither did my co-workers. We should have seen his car parked on the side but we didn't see anything until he pulled us over. I am not sure if he had his lights on. He told me I was doing 76MPH and he asked me how much I thought I was doing and I said 60MPH. He wrote 65MPH on the ticket.

    I have a court date to fight this ticket and have submitted a discovery request. I need help determining if I should fight the ticket based on the information on the discovery or just admit guilt, request for a reduced fine and not waste my time.

    Please let me know what you think about this case and whether its worth fighting.
    Thanks for your help in advance.

    Attached is the discovery documents for your reference.
    http://s288.photobucket.com/user/jus...4fpyg.png.html
    http://s288.photobucket.com/user/jus...p33pz.png.html
    http://s288.photobucket.com/user/jus...ekhab.png.html
    http://s288.photobucket.com/user/jus...benkw.png.html

    - - - Updated - - -

    I forgot to mention that we were not the only car and there were other cars in the other lane as well before I was pulled over. All people in the car can testify that there were other cars as well. However, I am not sure if this is something that can be used against the discovery report.

  2. #2
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Radar Speeding Ticket for 65 MPH in a 60 MPH Zone

    At court just before your hearing begins, you can probably ask the prosecutor to amend to a non-moving violation. It might cost a little more but nothing goes on your record. On the other hand, admitting guilt only minimally reduces your fine but could jack up your insurance for 3 years. In any event the mitigation option remains available right up to when your case is called.

    I see a possible issue with the radar unit reportedly used. It seems a bit strange to me that you are the third poster in the last month or so to be cited with the Bee radar unit R-2188 with tuning forks 852943 and 852886. That device really gets around. The 2 posters before you were cited in the next county (Snohomish).

    I would check to see if the calibration certificate for that unit is on file at your assigned court as required. If it’s not on file you can move for suppression of SMD evidence pursuant to IRLJ 6.6(d) immediately when called and before the judge reads the officer’s statement into the record. Last month, forum member tpham tried to view a copy of that exact same unit at the Snohomish County court and could not find it (last sentence motion # 2 last half of this previous post).

    Since you were cited at 6:30 pm in rush hour you could also try moving to suppress based on the officer’s statement that you were “all alone” which seems quite unlikely.

  3. #3
    Join Date
    Mar 2015
    Posts
    3

    Default Re: Radar Speeding Ticket for 65 MPH in a 60 MPH Zone

    Thank you so much Searcher99.
    I did read the post by tpham and will go to the assigned court to see if I can find the calibration certificate. Will update this thread then.

    Additionally, I was wondering if I could use the fact that the officer only wrote 65MPH on my ticket although his measurement was 76MPH against him. Does this mean that he was not sure about how fast I was going? Is this a valid point?

  4. #4
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Radar Speeding Ticket for 65 MPH in a 60 MPH Zone

    Quote Quoting justinc
    View Post
    Additionally, I was wondering if I could use the fact that the officer only wrote 65MPH on my ticket although his measurement was 76MPH against him. Does this mean that he was not sure about how fast I was going? Is this a valid point?
    \

    Between your peak speed of 76 MPH and your speed of 0 MPH when he stopped you, you had to decelerate. At some point you were going 65 MPH. There is no rule that requires the officer to write you for the highest speed you were driving. He was within his discretion to cite you for going 65 MPH and he gave you a significant break when he did so.

    If you want to be a stickler and complain that he cited you for a lesser speed (and in the process look like an ungrateful idiot) I'm sure the court will be happy to entertain your issue and amend the citation and penalty to reflect 76 MPH.

  5. #5
    Join Date
    Mar 2015
    Posts
    3

    Default Re: Radar Speeding Ticket for 65 MPH in a 60 MPH Zone

    I was at the court last Friday and found the SMD calibration certificate among 5 huge folders and the filing date was 1/15/15. The SMD device calibration will expire by March 27 2015.
    Therefore, today when I was at the court I accepted deal by the prosecutor to amend the infraction to inattentive driving with $85 penalty ($8 reduction from the ticket).
    Thanks everyone here for the help.

  6. #6
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Radar Speeding Ticket for 65 MPH in a 60 MPH Zone

    Thanks for your update and congratulations for working out a good compromise.

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