My question involves a traffic ticket from the state of: Washington.
I recently received a speeding ticket for going 37 in a 25. I am working on my defense and there is something I have found and have questions on. Mainly regarding the officers statement. I believe the officer got me on his smd just as I passed a group of bicyclists. Now I was going 37, but as I was passing bicyclists and their were parked cars on the shoulder that the bicyclists were dangerously weaving in and out of. SO my argument is that I was in my legal right to pass the bicyclists as it was a passing zone. I had to cross the center line and exceed the speed limit to pass the bicyclists, but the Revised Code of Washington permits that.
This is my defense, now the point I think can help m fight:
1) The officers sworn statement in general is a template with fill in the blanks, I find this disturbing but I also know a municipal court is not going to rule against their general practice, so I can not argue the officers sworn statement is not his own. But this template makes the officers statement incomplete. The statement reads as follow
"I contacted the driver of the vehicle, ____________(Insert my last name)______, and asked them to produce their D/L, registration, and proof of insurance. Driver had the following comments"
_______________"I was doing 37?" "I'm on my lunch break and wasn't paying attention." After issuing the citation the driver stated "Do you have me on the gun?" I stated that I did, he asked to see it which I showed to him displaying "37" on the screen. Driver stated "Ok".
(I am aware this is not the entire affidavit but I am only focusing on what I am using in my case)
This is all he wrote regarding our exchange. My argument is that, as I recall, he approached the vehicle and asked for my license etc. then he asked something like "whats the hurry" or "why are you going so fast" I stated that I was passing the bicyclists (that had since gone). Then he asked if I knew how fast I was going and I said I did not. He then told me I was doing 37, I then responded with "I was doing 37". At this point the officers affidavit starts to match the actual conversation.
Since the officers statement is obviously incomplete, and my recollection of events provides a legal statute where I was within my rights to exceed the speed limit, as long as the officer does not show up to argue what I say the missing portion of his testimony is, then I should be able o get the ticket dismissed.