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  1. #1

    Default Speeding Ticket Received While Driving in the Middle of Nowhere

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













    Defenses:
    1) Officer doesn't specify HIS location, which side of the road he was on, which side of the road I was on, weather I was approaching or receding his location, or if he had a clear view of my car. How could he establish that my car was the car in question without stating where he was in relation to the patrol car?

    2) The Officer does not state he was in motion. It is impossible to establish "opposite moving mode" was the correct mode if you can't establish he was moving in an opposite direction to my car. Do I need an expert to say this?

    3) The radar certification was certified by Steen Nicholson 02/19/2015, but he signed the top on 08/27/2014. The "certification date" at the bottom is 07/07/2014. Does any of this apply in a similar fashion to this thread?
    http://www.expertlaw.com/forums/showthread.php?t=141003

    4) I know his radar could be shadowing a vehicle in his direction of travel but is there any legal precedence to show this? The Officer didn't check to make sure his patrol speed matched the radar reading. Spokane V. Knight? What would you say to the judge?

    5) Whats the best way to introduce Mociulski? I feel like this argument could go both ways, and there is evidence to support personal knowledge. On the last page of my radar certification it says "Certifying Official - Steen Nicholson". Thats all the Judge would have to say.

    6) Officer does not state his is trained in testing the calibration of the SMD. How do we know he did it right?

    7) Bee III has a range of 4k feet. Any way of using expert testimony to say it could have been another car? IF we were moving in opposite lanes with a 30ft divider on I90, how could he be certain he pulled over the right car? (Hint: my car is a rental/fleet car..)

    8) Anything I've missed?

    9) Strong enough case to contest this or cower down and amend the charges..?

    SIDE NOTE - I will introduce witnesses from my car during the traffic stop. I never agreed that I was speeding. The officer asked if there was a reason I was speeding. I said we've been driving for a long time and I must lost attention to my speed if I was speeding. Driving home from Idaho :|

  2. #2
    Join Date
    Nov 2009
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    886

    Default Re: Speeding Ticket Received While Driving in the Middle of Nowhere

    I think you have some good points, and also it looks like the stamped file date is 1 day out of compliance with IRLJ 2.2(d) which states, “a notice of infraction not filed within the time limits of this section shall, upon motion, be dismissed with prejudice.”

  3. #3

    Default Re: Speeding Ticket Received While Driving in the Middle of Nowhere

    Isn't that exactly five days? CRLJ 6 states that the computation of time begins the day after the date the event occured, eg 06/10/2015 was day 0, and 06/17/2015 would be day 5.

  4. #4
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    Nov 2009
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    Default Re: Speeding Ticket Received While Driving in the Middle of Nowhere

    You have correctly figured the due date to be 6/17 and according to CRLJ 6(a) the “last day of the period so computed shall be included” so in other words the notice should have been filed before end of business on 6/17 in order to be “within five days of issuance of the notice, excluding Saturdays, Sundays, and holidays” as specified in IRLJ 2.2(d). It was filed on 6/18 and is therefore by definition a late filing.

  5. #5

    Default Re: Speeding Ticket Received While Driving in the Middle of Nowhere

    The 6/18 stamp is referring to the date that the prosecutor received the ticket. I called the court, the ticket was filed June 11th.

  6. #6
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    Nov 2009
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    886

    Default Re: Speeding Ticket Received While Driving in the Middle of Nowhere

    Ok, sorry I misled you a bit on that file stamp but it’s always good to check.

    You seem to have a pretty good handle on defense motions that might succeed and probably I can’t add much, but anyway here’s my two cents after rereading your posted list. I would definitely try motions to suppress based on items 1, 3 and 6. Regarding item 1, the officer did check the box that you were approaching but otherwise I would think you have some valid points. As Barry suggested in the previous thread you linked in item 3, that could have maybe a 60% to 70% chance but of course depends on the judge.

    As to items 2, 4, 5 and 7 I just don’t know enough to comment. Maybe one of the more knowledgeable Wa posters can expand on your ideas, but lately only one has been active on the forum.

  7. #7
    Join Date
    Feb 2010
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    1,383

    Default Re: Speeding Ticket Received While Driving in the Middle of Nowhere

    60-70% is a good estimate in a King county court. However, this is Ritzville. I don't think ANYONE, even Thomas Jefferson, could win a case in Ritzville. That place is bad news: avoid it at all costs.

    I would amend and move on. Not worth the 8 hour drive.

  8. #8
    Join Date
    Nov 2009
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    886

    Default Re: Speeding Ticket Received While Driving in the Middle of Nowhere

    Regarding the Ritzville District Court, I did a little checking and so will update this thread with what I found. According to publicly available court statistics for 2014, Ritzville had a ratio of dismissals to traffic charges of 9% while King County District Courts were 18%. So as near as I can tell, motions to exclude evidence or dismiss are successful about half as often compared to King County.

    However, Ritzville’s local rules regarding motions are a real pain and appear designed to discourage pro se defendants. If your motions are not properly filed in writing and the pre-hearing conference not properly waived in writing, you end up at the hearing with no opportunity to make any motions at all. According to the stats, Ritzville had ZERO findings of “not committed” on 7579 charges in 2014 and none yet this year as well, so winning at trial without getting a dismissal on motions appears to be impossible.

    I also find it interesting that Ritzville judge Adalia A. Hille was challenged for the first time in 23 years last November. She won by only 7 votes in a recount--in one the closest races in Adams County history, so clearly almost half the voters wanted a different judge.

    By the way TVCM, just in case you are still trying to contest, I also just noticed that the officer did not properly identify the radar device per ER 901. The tag number he gave does not exist because he omitted the first character. Searching WSP’s site on the number he provided results in the error: “Tag number is not valid.”

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